JOURNAL ARTICLE

LGBT+ rights claims for marriage equality and the possibilities of transforming Indian family law.

  • Published In: International Journal of Constitutional Law, 2023, v. 21, n. 4. P. 1116 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Agarwal, Akshat 3 of 3

Abstract

This article examines the potential impact of legally recognizing marriage equality for LGBT+ persons on Indian family law, particularly parenthood, through the framework of LGBT+ relational rights—comprising LGBT+ family equality and the right to legal recognition of LGBT+ relationships. It situates this discussion within India's complex interplay of secular and religion-based personal laws, highlighting ongoing judicial petitions for marriage equality following the 2018 Supreme Court decision decriminalizing homosexuality. Drawing on comparative experiences from jurisdictions like the United States, the article argues that marriage equality can catalyze progressive reforms in guardianship, assisted reproduction, and adoption laws, benefiting not only LGBT+ families but also diverse different-sex families, single parents, and persons in non-marital relationships. Despite the Supreme Court's 2023 ruling rejecting a constitutional right to marry for same-sex couples, the article contends that framing marriage equality through broader relational rights offers a transformative approach to family law reform beyond mere assimilation.

Additional Information

  • Source:International Journal of Constitutional Law. 2023/10, Vol. 21, Issue 4, p1116
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:14742640
  • DOI:10.1093/icon/moad096
  • Accession Number:175635382
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