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Derek O’Brien on same-sex marriage: Queer Indians fighting the good fight | Indian Express

Recently, the Supreme Court of India began hearing a series of petitions demanding recognition of same-sex marriages under the Special Marriage Act (SMA). The Special Marriage Act of 1954 provides for civil marriage for couples who cannot marry under their personal laws. The government has advised the Supreme Court to refer the matter to the parliament where the argument has been made that the law cannot be amended to allow same-sex marriages. In this context, it is relevant to think about the subject of same-sex marriages and related issues.


Image Source: TOI

Arguments Against Same-sex Marriage:

  1. Religious Definitions of Marriage: Traditionally, marriage has been considered a bond between a man and a woman in various religions. The Special Marriage Act, 1954 was introduced to eliminate the restrictions of religious personal laws, not to create a new institution of marriage.

  2. State's 'Legitimate' Interest: The state has a legitimate interest in regulating marriage and personal relationships, as seen in laws relating to the age of consent, prohibited degrees of marriage, and divorce. The right to marry is not absolute and subject to the laws of the state. For example, parents cannot marry their children ...

Can you summarize the arguments against same-sex marriage based on the given context?


to be contd...


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