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There are no legal restrictions against gay sex or gay expression within India. Same-sex couples have some limited cohabitation rights, colloquially known as live-in relationships. [5] [6] However, India does not currently provide for common law marriages, same-sex marriage, civil unions, guardianship or issue partnership certificates. [7] [8] [9]
It does not provide for legal marriages, common law marriages, guardianship, civil unions, or issue partnership certificates, [91] [92] though same-sex couples can attain the rights and benefits as a live-in couple (analogous to cohabitation) as per Supreme Court of India landmark decision Deepika Singh v.
The couple later filed a lawsuit, Supriyo v. Union of India, seeking legal recognition for their marriage under the SMA. The Indian Supreme Court heard oral arguments in this case in April and May 2023. It issued a verdict on 17 October 2023, declining to recognise same-sex marriages under the SMA.
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.
/ Foreign same-sex marriages recognised [citation needed]. / Foreign same-sex marriages recognised [citation needed]. Bans some anti-gay discrimination. [156] Under the Births, Marriages and Deaths Registration Act 81 of 1963 [157] South Africa: Male legal since 1998 Female always legal; equal age of consent since 2007 + UN decl. sign. [68]
On 26 June 2015, the US Supreme Court ruled that same-sex marriage is a constitutional right under the 14th Amendment to the Constitution, thereby making same-sex marriage legal throughout the United States. [73] Prior to 26 June 2015, same-sex marriages were legal in the District of Columbia, Guam, and thirty-six states.
Taiwan, for instance, became the first place in Asia to make same-sex marriage a reality in 2019. Marriage equality is still, however, largely limited to countries in the Americas, Europe and Oceania.
Recognition of same-sex unions in Asia. Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions . Following a Constitutional Court ruling and a subsequent legislative act, Taiwan became the first country in Asia to legalize same-sex marriage nationwide on 24 May 2019. [1]