Same sex couples ’right to marry’

Same sex couples’ right to marry’

Subject :Polity

Section:  Constitution

Context:

• A five-judge bench of the Supreme Court, headed by Chief Justice of India D Y Chandrachud, began hearing a batch of petitions seeking legal recognition of same sex marriage.

More about the news:

• A five-judge bench of the Supreme Court, headed by Chief Justice of India D Y Chandrachud, began hearing a batch of petitions seeking legal recognition of same sex marriage.
• The Centre argued against the petitions and questioned the judiciary’s right to confer legal recognition on the socio-legal institution of marriage.
• However, the apex court clarified that the hearing’s scope would be limited to developing a notion of a civil union that finds legal recognition under the Special Marriage Act.

What is civil union:

• A civil union under the Special Marriage Act is a legally recognized union between two individuals, regardless of their caste, religion, or nationality.
• It also refers to the legal status that allows same-sex couples specific rights and responsibilities normally conferred upon married couples.
• This type of union allows couples to have a formal, legally binding relationship without going through the traditional rituals and customs of a religious or cultural marriage ceremony.
• Although a civil union resembles a marriage and brings with it employment, inheritance, property, and parental rights, there are some differences between the two.

How is a civil union different from marriage:

• A civil union is a legal agreement between two individuals that provides them with some of the rights and benefits of a marriage, such as inheritance rights, tax benefits, and access to healthcare.
• However, it is different from a marriage in several ways:
  • Religious or cultural beliefs do not play a role in a civil union, whereas they often do in a marriage.
  • In some countries, civil unions are only available to same-sex couples, whereas marriage is available to both same-sex and opposite-sex couples.
  • A civil union may not be recognized by all states or countries, whereas a marriage is generally recognized worldwide.
  • There may be differences in the legal requirements and procedures for entering into a civil union versus a marriage. It may be different in terms of social and cultural significance and legal recognition.

Which other countries allow civil unions:

• The United States allows same sex unions.
• Before 2009, the year that Sweden legalised same sex marriages, LGBTQ couples there could apply for civil unions and enjoy different benefits.
• From 1993, couples in Norway enjoyed the right to enter into civil unions, which gave way to a new law 15 years later.This allowed such couples to marry, adopt and undergo state-sponsored artificial insemination.

Similarly, countries like Brazil, Uruguay, Andorra, and Chile had also recognised the right of same sex couples to enter into civil unions, even before they formally recognised their legal right to marriage..