India's Supreme Court declines to recognize same-sex marriage

Oct. 17 (UPI) -- The Constitution bench of India's Supreme Court ruled on Tuesday against formally recognizing same-sex marriage, saying it was up to Parliament to change the country's Special Marriage Act to include such unions.

While the five justices called on local and regional governments to make sure same-sex couples are not discriminated against, it said it is the role of lawmakers to enshrine marriage equality and not the courts.

"There is a degree of agreement and a degree of disagreement on how far we have to go," Chief Justice D.Y. Chandrachud said. "I have dealt with the issue of judicial review and separation of powers."

Some justices said they hesitated to add protections for same-sex couples into the marriage legislation, with Justice Sanjay Kishan Kaul saying the law limited the court in what it could rule.

Even though the court rejected recognizing same-sex marriage, some recognized the fear of those individuals being discriminated against and laws must be created to ensure fairness.

"The right to enter into union includes the right to choose one's partner and the right to recognition of that union," Chandrachud said. "A failure to recognize such associations will result in indiscrimination against queer couples. The right to enter into union cannot be restricted on the basis of sexual orientation."

The court also rejected the right for same-sex couples to adopt children in a 3-2 decision.