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The petitioners Gopi Shankar M. Oorvasi, and Giti Thadani argue that there is no language in the act preventing same-sex marriage and that nowhere in the act is marriage restricted to "only between man and woman.
India's solicitor general has taken a stance against the legalization of same-sex marriage, telling the Delhi High Court in September that "our laws, our legal system, our society and our values do not recognize marriage, which is a sacrament, between same-sex couples.
For them, same-sex marriage does not go against Indian culture, citing Indian mythology, art and folklore with their many depictions of homosexuality and intersex people. This particular petition doesn't seem to challenge Hinduism.
In fact, it tries to glorify the fact that Hinduism allows for transgressions," she said. There is no uniform law for marriages in India. There have even been modern instances of trans couples getting married in religious ceremonies in India.
Recently, a lesbian couple also petitioned the Delhi High Court to allow same-sex marriages as part of the Special Marriages Act. The couple argued that things like opening a joint bank account or buying family health insurance, transactions heterosexual couples take for granted, are extremely challenging for them. Legalizing gay marriage will afford these rights to same-sex couples as well," added Borah, who does not personally subscribe to the institution of marriage.
However, activists say that the current Supreme Court petition is not inclusive. Sukhdeep Singh, editor of Gaylaxy magazine, an online news portal for the queer community, called the petition misguided as it doesn't include non-Hindus or inter-religious couples. Transsexual Jharkhand. Adult Meetings Jharkhand.
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