Disappointed but will keep fighting, say activists after SC verdict on same-sex marriages
Oct 17, 2023
New Delhi [India], October 17 : Activist Anjali Gopalan, who was among the bunch petitioners in the same-sex marriage case on Tuesday said that the the Supreme Court verdict refusing to recognise the legality of same sex marriages in the country was disappointing.
"We have been fighting for long and will keep doing so. Regarding adoption also nothing was done. What the CJI said was very good regarding adoption, but it's disappointing that other justices didn't agree...this is democracy but we are denying basic rights to our own citizens," Gopalan said.
The activist's plea was among the 21 petitions seeking legal validation for same sex marriages that were heard by the Supreme Court.
A five-judge Constitution bench of the apex court headed by Chief Justice of India DY Chandrachud ruled in a 3:2 verdict against giving constitutional validity to same sex marriages. The top court said it is for Parliament to formulate legislation on it.
Activists and those from the LGBTIQA+ community were hoping for a decision in their favour while there were some other activists who were rooting for the Supreme Court's current verdict as according to them legalising same-sex marriage would have distorted the social fabric of the country.
One of the petitioners in the case and LGBTQIA+ rights activist Harish Iyer said that although the verdict was not in their favour but many observations by the Supreme Court were made in the favour of the community.
"They have also put the responsibility on Central government and Central government's Solicitor General said so many things against us so it is important for us to go to our elected government, MPs and MLAs and tell them we are as different as two people. War is underway...it might take sometime but we will get societal equality," Iyer said.
Speaking to ANI ahead of the verdictIyer had said that he was also hoping for a win, not just because of the right to marriage but for other constitutional rights as well.
"We hope we will win, we will get equal rights and we can get married to those we love," Iyer had said.
Similarly, LGBTQ activist Prijith PK had speaking to ANI before the verdict said they they were anticipating a good day because after 2014 and 2018 the Supreme Court was delivering a judgement on LGBTIQ issues.
"As per the constitution, there are many civilian and equality rights that have been denied (to LGBTQ) due to our identity but today the Queer community and LGBTIQ people in this country are expecting a positive verdict, not because of societal acceptance, but only because of the constitutional support which we had throughout our life in India," said Prijith.
"We know that in this case, the Union Ministry, many state governments, and many religious fundamentalists opposed us for no reason," he added.
He further said they were not expecting a completely queer-friendly verdict but we they did have expectations and hope. 
He further said, "This is not just about marriage, during the covid time, there were so many people who were staying with their partners and when their partner was dying, they couldn't give permission to remove their partners from life support, because they had no right."
We also want constitutional rights not just the heterosexual people, said Iyer.
Meanwhile, pro-life activist, Alena Joy had a different stand on the whole issue and told ANI, "The current Supreme Court ruling which is about to come is of concern to all of us because when we think from the perspective of each individual, yes they are dignified individuals but when your try to create order out of the vested interest of the very minority group of people then that causes an issue because if you look at the natural order the love making or sexual intercourse is for love and procreation, so when it comes to homosexuality, we see that procreative aspect is totally eliminated."
She further said that most of them (LGBTQIA+ activists) point out to Western countries where same-sex marriage is already legalised but then there is a group of people in the US who are trying to make even paedophilia legal saying that they are born that way and their attraction is in that manner in the name of minor-attracted people,.
"We are not condemning anyone as it is very natural to feel attracted to a same-sex person but when you make it into a law and bring an order out of it, it poses a danger," said Joy.
