A Step Forward, Yet Not Enough: Supreme Court on Same-Sex Marriage The Supreme Court’s recent decision, asserting that states are free to enact laws recognizing same-sex marriage in the absence of central legislation, marks a significant, yet complex, milestone in the journey towards LGBTQ+ rights in India. The top court’s refusal to recognize the right of same-sex couples to marry has elicited a complex mix of optimism and disappointment. Decentralizing the Power The majority and minority decisions concurred that in the absence of a Central legislation, the power to enact laws concerning marriage falls into the hands of State legislatures. Justices S Ravindra Bhat and Hima Kohli noted the plethora of policy outcomes that states could potentially adopt. From making all marriage and family-related laws gender-neutral to creating separate statutes or civil union laws for the queer community, the door has been opened for a range of possibilities. The Legal Standpoints Chief Justice of India DY Chandrachud, in the minority judgment, emphasized that the authority to enact laws recognizing and regulating queer marriage resides with both the Parliament and state legislatures under the constitutional framework. The complex dance of legal and constitutional rights, central and state powers, has therefore, pushed the conversation around same-sex marriage into a new light. A Disappointment Cloaked in Progress However, this comes with the unanimous decision of the five-judge Constitution Bench that there is no unqualified right to marriage for same-sex couples and it cannot be claimed as a fundamental right. This effectively turns down the challenge to provisions of the Special Marriage Act and denies legal status or entitlement to civil unions without enacted law. Implications and Forward Paths For the queer community, this decision is a bitter pill. While it underscores their right to mental, emotional, and sexual unions and pushes the state to ensure non-interference in such relationships, it holds back the legal affirmation and recognition that is crucial for social equality and justice. In the wake of this judgment, the Central government is expected to set up a high-powered committee to conduct a comprehensive examination of all factors related to same-sex marriage. It’s a move that’s anticipated to take into account the views of all stakeholders and states and union territories. Unanswered Questions Yet, as the legal framework takes its time to evolve, numerous questions hang in the balance. How will the indirect discriminatory impact on queer couples, especially in terms of compensatory benefits or social welfare entitlements tied to marital status, be addressed? Will the complexities surrounding the adoption rights of queer couples find a resolution? Conclusion The judgment, while a step forward in acknowledging the autonomy of the states, is yet another reminder of the lengthy and arduous path ahead for the LGBTQ+ community in their quest for equal rights. It underscores the intersectionality of constitutional, legal, and human rights, and the intricate dance they play in shaping a nation’s social fabric. As India grapples with these complex questions, the world watches closely. Each decision, each judgment is not just a step in the journey of a nation but a marker in the global narrative of human rights, equality, and justice. The path ahead is long and winding, but each conversation, each acknowledgment, is a step towards a future where the rainbow flag doesn’t just symbolize pride but also, equality under the law and in the hearts of people.