India’s top court declines to legalize same-sex marriage in landmark LGBTQ ruling

New Delhi CNN —

India’s top court has declined to legally recognize same-sex unions in a landmark ruling that also emphasized the rights of the LGBTQ community to be free of prejudice and discrimination.

Campaigners had sought to obtain the right to marry under Indian law, giving them access to the same privileges extended to heterosexual couples, but while that was denied they welcomed the court’s recognition of their relationships.

A five-judge constitution bench led by India’s chief justice delivered the much-anticipated verdict on Tuesday, streamed live across the nation and to crowds outside the court who gathered to watch on their cellphones.

During the two-hour ruling, Chief Justice D. Y. Chandrachud said queerness is a “natural phenomenon,” and told the government to ensure the “queer community is not discriminated against because of their gender identity or sexual orientation.”

Justice S. Ravindra Bhat said the right of LGBTQ couples to choose their partners was not contested, and they were entitled to celebrate their commitment to each other “in whichever way they wish within the social realm.”

However, he added: “This does not extend the right to claim any legal entitlement to any legal status for the same union or relationship.”

A member of LGBTQ community reacts on the day of the verdict on same-sex marriage by the Supreme Court in New Delhi, India, October 17, 2023.

Bhat called for a “high-powered committee” to be formed to evaluate laws that indirectly discriminate against LGBTQ couples by denying them “compensatory benefits or social welfare entitlements” that usually come with being legally married.

“This court cannot within the judicial framework engage in this complex task, the state has to