Is There Any State Where Gay Marriage Is Legal?

The question of marriage equality is a significant human rights issue globally, and India is at a crucial point in this conversation. Many people are asking: “Is There Any State Where Gay Marriage Is Legal?” This blog post aims to answer that question clearly, explain the relevant legal concepts, and provide a global perspective with relevant data.

The Straight Answer: No, Not Yet in India

Let’s address the core question directly: as of late 2024, there is no State Where Gay Marriage Is Legal within India.

The question is why so? Another question that may arise in minds of people is that despite no nation-wide legislation on UCC or Uniform Civil Code, the States like Goa and subsequently Uttrakhand have UCC in place of personal laws then why not on the same for gay marriages or same-sex marriages?

The answer lies in a two-fold response. One is the socio-political state of India which has a major role to play in no laws at all, and another is a legal technicality. We shall only focus on legal technicality for this blog.

Understanding How Laws About Marriage Work in India:

In India, laws are made at two main levels:

Central Government (Parliament): Makes laws that apply to the entire country and is mentioned under List 1 of the Seventh Schedule.
State Governments (State Legislatures): Make laws that apply only to their specific state and are mentioned under List 2 of the Seventh Schedule.

The VII Schedule of the Constitution, under its Concurrent List (List 3), allows for both States and Union to make laws on subjects containing Family Laws including Marriage, giving States the power to amend or make Family Law provisions which in our case could be an amendment of the Special Marriage Act, 1954.

However, as per Article 254(1) of the Constitution provides that if a State and Union both have made a law on an entry from Concurrent list then Union’s law shall prevail. So, in that case even if a State attempts to draw on this issue, in case of its conflicts with a Union Law on the same subject then Central law will prevail.

Therefore, due to such technicality, a national legislation would be more appropriate for a State law that may fail due to upcoming or existing National Laws.

Key Legal Events That Have Shaped the Discussion:

Several important legal developments have brought the issue of marriage equality to the forefront:

Decriminalization of Section 377 (2018): This Supreme Court decision in Njavtej Singh Johar v. Union of India struck down a colonial-era law that criminalized consensual same-sex relations under the disguise of Section 377 of the erstwhile IPC, after a long drawn battle. This was a massive victory for LGBTQ+ rights. It meant that being gay was no longer a crime. This was a crucial first step toward equality, although it didn’t directly address marriage.
Supreme Court Hearings on Marriage Equality (2023): The Supreme Court heard arguments about whether same-sex couples should have the right to marry in the Supriyo v. Union of India. This was a very important moment, as it brought the issue to the highest court in the country. However, the Court concluded that the Parliament or the State Legislature should be the ones to make a decision about changing the marriage laws. This is important because it highlights the separation of powers in India’s democracy: the courts interpret the law, and the legislature makes the law.

Hypothetical Example: Imagine if the Central Government or any State Government passed a new law called the “Marriage Equality Act.” This law would state that marriage is a union between two people, regardless of their gender. If this happened, then same-sex couples could legally marry throughout India or in that particular State.

What Does “Legal Recognition” Actually Mean?

If same-sex marriage were legal, it would mean that same-sex couples would have the same rights and responsibilities as heterosexual married couples. These include:

Inheritance Rights: The right to inherit property from your spouse if they die.
Adoption Rights: The right to jointly adopt children by non-hetrosexual couples.
Healthcare Decisions: The right to make medical decisions for your spouse if they are unable to.
Tax Benefits: Certain tax benefits that are available to married couples.

The Global Perspective: Learning from Other Countries:

Many countries around the world have legalized same-sex marriage, reflecting a growing global acceptance of LGBTQ+ rights. As of late 2024, over 30 countries have legalized same-sex marriage, representing over 1 billion people globally. The Netherlands was the first country to legalize it in 2001. Since then, countries like the United States (2015), Canada (2005), Spain (2005), and many others in Europe and South America have followed suit. (Source: Our World in Data) This data demonstrates a clear global trend towards recognizing marriage equality.

Further, Thailand has recently become only South-Asian country to legalise same-sex marriage.

This data shows:

Increasing Global Acceptance: The number of countries legalizing same-sex marriage has been steadily increasing, showing a growing global trend.
Regional Variations: While many Western countries have legalized same-sex marriage, other regions are still grappling with the issue.

Conclusion: The Future of Marriage Equality:

Currently, there is no State Where Gay Marriage Is Legal in India. The future of marriage equality depends on future legislative action or possible future interventions by the Supreme Court. The question of State Where Gay Marriage Is Legal remains central in the wider conversation about LGBTQ+ rights in India.

Relevant Legal Concepts and Articles (for further learning):

Article 14 of the Indian Constitution: Guarantees equality before the law.
Article 21 of the Indian Constitution: Protects the right to life and personal liberty.
Navtej Singh Johar v. Union of India (2018): The Supreme Court judgment that decriminalized Section 377.
Supriyo v. Union of India (2023): The Supreme Court judgement which decided recently that such powers fall in legislative domain.

Also Read: Navigating the Waqf System in India: What You Need to Know