Constitutional Imperatives And Legislative Necessity Of Same Sex Marriage In India: A Comparative Study Of Legislation Of USA And Australia

Arushita Agarwal, LLM (Criminal Law), Amity Institute of Advanced Legal Studies, Amity University, Noida.

ABSTRACT

A polarizing topic that has sparked discussions all throughout the world is whether same-sex marriage is constitutional. The legal nuances surrounding same-sex marriage recognition under the purview of constitutional law are covered in detail in this abstract. This essay clarifies the development of legal arguments for and against the acceptance of same-sex marriage by looking at significant court decisions, legislative initiatives, and constitutional ideas. It also examines the application of the theories of due process, equal protection, and basic rights in relation to marital equality. This abstract provides insights into the ongoing debate over people's constitutional rights to marry regardless of their sexual orientation by studying a thorough analysis of judicial reasoning and constitutional interpretations. A greater comprehension of the intricate interactions between society norms is facilitated by the analysis provided here, legal principles, and constitutional guarantees in the realm of same-sex marriage.

Evolving societal norms and legal interpretations have led to a substantial increase in attention to the constitutionality of same-sex marriage debate in recent decades. The constitutional aspects pertaining to same-sex marriage recognition are examined in detail in this abstract. This article provides an in-depth perspective on the intricate legal environment influencing the conversation over marriage equality by drawing on a wide range of legal sources, such as judicial rulings, legislative actions, and academic studies. Fundamental rights to marriage, due process, and equal protection are among the fundamental constitutional principles that are at the center of this investigation. These principles are crucial in determining whether laws and policies concerning same-sex unions are valid. This abstract clarifies the evolving legal paradigms through an examination of landmark court decisions and legislative movements. and the role of judicial interpretation in advancing the rights of LGBTQ+ individuals.