Same-sex Marriage Case in India: Countries Where it is Legal
Wednesday; The Supreme Court commenced its hearing on a bunch of at least 15 petitions regarding the legalisation of same-sex marriages.
In India, a five-judge Supreme Court bench Tuesday began hearing a batch of petitions regarding the legalisation of same-sex marriages.
This case in Supreme Court comes on the day of the hearing after at least 15 petitions on the matter were referred to a larger bench for an authoritative decision last month by a CJI-led bench, who called it a “very seminal issue”.
Before the final verdict comes out and is being legalized or not in India, let’s find out which countries have legalized same-sex marriage.
Countries Where Same-Sex Marriage is Legal
As per the human right campaign same-sex marriage is legal in 34 countries. Out of which 23 countries have legalized same-sex marriage nationally through legislation.
However, 10 countries have legalized same-sex marriage nationally through court decisions, while 2 countries, enacted legislation legalizing same-sex marriage after court orders.
First Country Allowed Same-Sex Marriage
In the year 2001, the Netherlands was the first ever nation to legalise same-sex marriage, and Taiwan has landed the feat to become the first Asian nation to do so.
While in May 2020, Costa Rica, became the first Central American country to legalize same-sex marriage. However, in 2018, the country’s highest court, ruled that the nation’s law banning same-sex marriage was unconstitutional.
Europe Tops in Legalizing the Same-sex Marriage
As per the Pew Research Center, Europe is the leading continent allowing same-sex marriage, and 7 countries recently legalize the same.
Countries Where Same-Sex Marriage is Legal:
- Cuba
- Andorra
- Slovenia
- Chile
- Switzerland
- Costa Rica
- Austria
- Taiwan
- Ecuador
- Belgium
- Britain
- Denmark
- Finland
- France
- Germany
- Iceland
- Ireland
- Luxembourg
- Malta
- Norway
- Portugal
- Spain
- Sweden
- Mexico
- South Africa
- United States
- Colombia
- Brazil
- Argentina
- Canada
- Netherlands
- New Zealand
- Portugal
- Uruguay
Countries to Watch for Marriage Equality in 2023
This list includes a few of the many countries where HRC Global is tracking developments in support of marriage equality.
- India
- Japan
- Czech Republic
- Philippines
- Thailand
Meanwhile, in India the Bharatiya Janata Party-led central government has been opposing the pleas, terming them as merely reflecting “urban elitist views”,.
The petitioners argued that the LGBTQIA+ community deserved wider constitutional entitlements based on the right to life and personal liberty, the right to dignity, and other related rights.
The challenge to the status quo follows the 2018 Supreme Court decision when it decriminalised Section 377 of the Indian Penal Code, which criminalised any consensual sexual acts between homosexual people.
