Indian gay couples begin legal battle for same-sex marriage

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Indian gay couples begin legal battle for same-sex marriage
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If legalized, India would become the second economy in Asia after Taiwan to recognize same-sex marriage.

Utkarsh Saxena and Ananya Kotia’s love story began just like any other college romance. Except no one else knew about the gay couple’s relationship.

Over the years, as Indian society became more accepting of homosexuality and much of the country’s LGBTQ community began celebrating their sexuality openly, the couple decided to make their relationship known to their friends and family. Most of them were accepting. “Our relationship has been, in a social sense, undefined for so long that we would like it to now be embraced in the same way as any other couples’ relationship,” Saxena said.Legal rights for LGBTQ people in India have been expanding over the past decade, and most of these changes have come through the Supreme Court’s intervention.

In a court filing last year it said same-sex marriages would cause “complete havoc with the delicate balance of personal laws in the country.” Sushil Modi, a lawmaker from Modi’s Bharatiya Janata Party, told Parliament in December that such marriages would be “against the cultural ethos of the country” and a decision on that should not be left to “a couple of judges.

In India, marriage is governed by a set of different laws tailored to the country’s religious groups, and a secular law for interfaith couples called the Special Marriage Act. All limit marriage between men and women.Indian law restricts owning and inheriting property to LGBTQ individuals. Gay and lesbian couples are not allowed to have children born with the help of an Indian surrogate mother. And LGBTQ persons can only apply for adoption as single parents.

Homosexuality has long carried a stigma in India’s traditional society, even though there has been a shift in attitudes toward same-sex couples in recent years. India now has openly gay celebrities and some high-profile Bollywood films have dealt with gay issues. According to a Pew survey, acceptance of homosexuality in India increased by 22 percentage points to 37% between 2013 and 2019.

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