Breaking Barriers: A Comprehensive Analysis Of Queer Marriage Rights

Arihant. V, B.com. LLB (Hons), The Tamil Nadu Dr. Ambedkar Law University/School of Excellence in Law

"Love knows no gender, and neither should the law."

ABSTRACT:

The concept of marriage has evolved significantly in recent decades, transcending traditional norms and welcoming diversity within its institution. This abstract delves into the landscape of queer person marriage, examining the progress made in securing equal rights for LGBTQ+ individuals in the context of marriage. It explores the historical and legal challenges faced by the queer community and highlights the significant milestones that have shaped the current state of queer person marriage rights. Homosexuality is usually seen as a western concept and accepting the same is challenging socially as well as legally. After the magnanimous judgment1 of decriminalising homosexuality2, the next appropriate step seems the legalising of same-sex marriage. There are two pressing questions in this regard:-

(a) Can same-sex marriage be made legal in personal laws? (b) Should there be a new law altogether to govern the marital rights arising out of same-sex marriage?

This paper also investigates the sociocultural implications and the ongoing struggles faced by queer couples seeking to exercise their right to marry. Furthermore, it underscores the importance of recognizing and celebrating love and commitment in all its forms, irrespective of gender, and advocates for the continued push for inclusive and equitable marriage rights for all.

Keywords: LGBTQ+, Homosexuality, queer person marriage, legalising of same-sex marriage.