Same-sex marriage verdict: Always stood with citizens to protect their freedoms, choices, says Congress

As the Supreme Court refused to grant legal recognition to same-sex marriages, the Congress on Tuesday said as a party of inclusion, it believes in non-discriminatory processes in the judicial, social, and political realm.

A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages.

Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can’t make law but only interpret it and it is for Parliament to change the Special Marriage Act.

In a post on X, Congress general secretary Jairam Ramesh said, ”On the same sex marriage and related issues we are studying the different and differing judgments delivered in the Supreme Court today and will have a detailed response subsequently.” ”Indian National Congress has always stood with all our citizens to protect their freedoms, choices, liberties and rights. We, as a party of inclusion, firmly believe in non discriminatory processes — judicial, social, and political,” Ramesh said.

At the outset, Justice Chandrachud said there are four judgments — by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha — in the matter. Justice Hima Kohli is also a part of the five-judge bench.

Directing the Centre, states, and Union Territories to ensure the queer community is not discriminated against, the CJI said queer is a natural phenomenon known for ages and is neither urban nor elitist.

Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples.

Justice Bhat, who read out the operative portion of his verdict, said he agrees and differs with the views of the CJI on certain points.

Delivering his verdict on the critical issue, the CJI said it is for Parliament to decide whether there is a need for a change in the regime of the Special Marriage Act.