
On 17th October 2023, a 5-judge bench of the Indian Supreme Court rejected petitions seeking legal recognition of same-sex marriages. The judgment is unanimous on some questions but divided on others. In this video, we break down and explain the Court's holding on nine questions: 1. Is there a fundamental right to State-recognition of marriage? 2. Can the Court re-interpret the Special Marriage Act to allow same-sex marriages? 3. Is the State discriminating against same-sex couples by not allowing them access to the benefits flowing from marriage? 4. If yes, can the Court direct the State to ensure that these benefits are given to same-sex couples? 5. Is the Indian context of marriage different from the US context? 6. Can same-sex couples adopt a child? 7. Can transgender persons marry under the Special Marriage Act? 8. Can States make law relating to marriage? Leave a comment and let us know your feedback! Video editing credits: Shrijan Verma