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Same-sex judgment compels queer Indians to remain in closet: Review petition in Supreme Court

Court erred in declaring there is no fundamental right to marry

With regard to the contradictory nature of the verdict, the plea states that the Court acknowledged that the Special Marriage Act (SMA) confers a “status” of marriage. Yet, it later concluded that the terms of marriage are determined independently of the State, and that the “status” is not conferred by the State.

The petition emphasizes that marriage is, at its core, an enforceable social contract, available to anyone capable of consenting.

“Marriage, at its core, is an enforceable social contract. The right is available to anyone capable of consenting. Adults of any faith or no faith-may engage in it. No one group of people may define for another what “marriage” means. No contract, nor forceful State action like imprisonment, may curtail an adult’s fundamental right to marry,” it says.

Source: Barandbench

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