The 2023 judgment held that the right to marry is not a fundamental right and it (the top court) cannot read into the Special Marriage Act (SMA), the words that would amount to judicial legislation.
The land of Khajuraho and the Kamasutra seemed to have come a long way from the delightful frankness of its past. With the approval of the Code of Criminal Procedure (Amendment) Bill, 2008, as also the judgment of the Delhi High Court 2009 decriminalising homosexuality, a small recovery was shown.
Under the proposed Anti Homosexuality Bill 2023, friends, family and members of the community would have a duty to report individuals in same-sex relationships to the authorities
The bill requires the US federal government to recognize a marriage between two individuals if the marriage was valid in the state where it was performed .
