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Chile Passes Marriage Equality Legislation

Chile Passes Marriage Equality Legislation

Overview

Chile has become the 31st country in the world to pass marriage equality legislation. Both chambers of Congress legalized same-sex marriage in landslide votes. The law includes recognition of parental ties, full spousal benefits, and adoption rights for married same-sex couples. The legislation aims to replace gendered terms with the word “spouse” and “parent” in Chile’s civil code and other laws and reforms. Earlier in 2021, Chilean President Sebastian Pinera came out in support of this bill.

Marriage Equality

Chile is the ninth country in the Americas to pass marriage equality legislation, joining Canada, Argentina, Brazil, Uruguay, the United States, Colombia, Ecuador, and Costa Rica. Few Mexican states have also legalized same-sex marriages. In addition, most of the European and American states have legalized it as well. This marriage equality bill was originally sponsored by President Pinera’s predecessor, Michelle Bachelet, who introduced it in 2017. However, the law will come into force in March 2022. In a ceremony attended by LGBT activists and human rights activists, The president signed this bill, thereby permitting same-sex couples to marry and adopt. He stated that this law will consider all love relationships between two people on the same footing. In addition, the law provides an opportunity for legal validation of both parents. Previously only one of the two parents in a same-sex relationship could adopt and hold parental rights of the child. In 2015, same-sex couples were allowed to enter into civil unions.

How many countries have legalized same-sex marriage?

31 countries in the world have legalized same-sex marriage. These countries include Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States of America and Uruguay.

What is the status of same-sex marriage in India?

Section 377 of the Indian Penal Code, 1860 was struck down by a constitutional bench of the Supreme Court in 2018. It decriminalized consensual sex between two adults of the same sex. Unfortunately, there is no Indian legislation that recognizes same-sex marriages. Public interest litigation has been filed seeking the recognition of same-sex marriage under the Hindu Marriage Act, 1954. Petitions have been filed seeking recognition under the Foreign Marriage Act, 1969, and the Special Marriage Act, 1954. Both of the petitions have been clubbed and awaiting adjudication before the Delhi High Court. A similar petition has been filed before the Kerala High Court for recognition of same-sex marriages under the Special Marriage Act, 1954. 

Another petition has been filed before the Delhi High Court against the registration of same-sex marriages under the Hindu Marriage Act, 1955. It was also contended that registration should only be allowed under a secular law i.e., the Special Marriage Act, 1954. Further, it was contended that the Act has been derived from Hindu Dharmic texts where marriage is only allowed between ‘biological man’ and ‘biological woman’. Another contention was that if same-sex marriage gets recognized under Hindu law then it should also get recognized under all religious laws.

In 2020, the Orissa High Court reiterated that same-sex relationships and personal autonomy are legally protected. The Uttarakhand High Court also reiterated that consensual cohabitation between a same-sex couple is not a crime. Same-sex couples have a right to live together though they are incompetent to enter into a wedlock. The Central Government has opposed the legalization of same-sex marriage. Though Section 377 of the Indian Penal Code, 1860 has been decriminalized, there is no fundamental right to same-sex marriage. 

Conclusion

Many countries around the globe have not legalized same-sex marriages to date. Only 31 countries in the world have legalized same-sex marriages. Though same-sex marriages are legalized the rights given to them are different in every country. Obtaining a marriage license for same-sex couples differs as well. Chile has taken a progressive step by legalizing same-sex marriage and the law will be enforceable from March 2022. Same-sex couples still have no marriage equality in India and the issue is going on. Though many High Courts have given judgments in favor of same-sex couple’s autonomy and right to cohabitation. However, the marriage equality decision is still pending before the court.

Author:

Mili Rawat
Dehradun
B.A.LLB(Hons.) from National Law Institute University, Bhopal.


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