Children of Lesbian, Gay Parents Does not Necessarily Become Gay or Lesbian: Supreme Court

NEW DELHI: On March 13, 2023, the Supreme Court addressed the government's worry over the "psychological" impact same-sex weddings may have on children, saying that having lesbian or gay parents does not always make a child lesbian or gay.

However, Chief Justice D.Y. Chandrachud took the opportunity on Monday to allay the government's concerns about how such a move might affect India's "social ethos" before referring petitions for the legal recognition of same-sex weddings to a Constitution Bench.

"The Parliament must determine the psychological effects on a child of having either two males or solely two females as parents. What would a child's psychology be like if they weren't raised by a mother and a father? In light of our social ethos, Parliament will have to consider whether we want to recognise this institution”, the union's Solicitor General, Tushar Mehta, objected to the court's involvement.

“Yet, Mr. Solicitor, a lesbian or homosexual couple's adopted child does not necessarily have to be one of those sexual orientations,” Chandrachud, the Chief Justice, stated.

"Your Lordships are shouldering a very significant responsibility for how society will grow henceforth," the Solicitor General stated at one point.

The authorities disputed that same-sex couples carry any stigma. The issue, according to Chief Justice Chandrachud, included an "interplay" between some legislative provisions that solely take into account a marriage partnership between a biological man and woman and constitutional rights to life, liberty, and the pursuit of happiness for LGBTQ+ people.

Invoking Article 145(3) of the Constitution, the three-judge bench—which also included Justices P.S. Narasimha and J.B. Pardiwala—referred the case to a five-judge bench. According to Article 145(3), a bench of at least five judges must consider matters involving significant constitutional issues and interpretation.

In the interest of the public, the bench announced that the case's hearing would begin live-streaming on April 18.

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