Indian gay couples begin legal battle for same-sex marriage

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Indian gay couples begin legal battle for same-sex marriage
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Utkarsh Saxena and Ananya Kotia’s love story began just like any other college romance.

It was 2008. Homosexuality was yet to gain a degree of acceptance in deeply conservative India, with many gay couples facing stigma and isolation. So Saxena and Kotia took their time, watching from a distance how people’s acceptance of homosexuality was changing.

If legalized, India would become the second economy in Asia after Taiwan to recognize same-sex marriage, a significant right for the country’smore than four years after the top court decriminalized gay sex. A favorable ruling would also make India the biggest democracy with such rights for LGBTQ couples but run counter to the ruling Hindu nationalist government’s position, which opposes same-sex marriages.

Utkarsh Saxena and Ananya Kotia want India’s Supreme Court to recognize the legalization of same sex marriage.as a “third gender” and three years later made an individual’s sexual orientation an essential attribute of their privacy. The historic ruling in 2018 that struck down a colonial-era law that had made gay sex punishable by up to 10 years in prison expanded constitutional rights for the gay community.

Gay couples and LGBTQ activists argue that by refusing to recognize same-sex marriage, the government is depriving homosexual couples of their right to equality enshrined in the constitution and opportunities enjoyed by married heterosexual couples. Many such couples believe that legal recognition of same-sex marriage would not just be a vital step toward equality but also result in more people coming out as homosexuals and strengthening their relationship with the state.

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