Chile passes law allowing same-sex marriage

Chile has passed a law permitting same-sex couples to marry on December 9, 2021.

Highlights

  • The adopt was signed into law by President Sebastian Pinera during a event attended by activists for LGBT and broader human rights.
  • The ceremony was organised more than six months after conservative leader announced that he would smooth the way for a marriage equality law which had long been pending in the nation’s Congress.
  • The new law will allow all children with a father and a mother, with two fathers or with two mothers to have the same rights and same protection.
  • This move will help hundreds of children and adolescents who have been unable to get legal protection from both parents.

Background

In the year 1999, Chile had depenalized sex between consenting adults of the same sex. It had also outlawed arbitrary discrimination in the year 2012. In the year 2015, President Michelle Bachelet signed a law allowing gay civil unions. He also introduced the bill to allow same-sex marriages in 2017, which was passed on December 7, 2021, in both houses of Congress. In recent years, similar laws have been adopted across many Latin American nations.

Same Sex Marriage in India

In February 2021, Central Government had opposed same-sex marriage in Delhi High Court, noting that marriage in India can be recognised only if it is happening between biological man and biological woman, capable of producing children. Government had responded to petitions of 2020 seeking recognition of same sex marriages under Special Marriage Act, 1954 and Hindu Marriage Act, 1955.

Supreme Court’s Order

Supreme Court had only decriminalised a particular human behaviour, while reading down the provision of Section 377 of Indian Penal Code (IPC). It did not legitimise the human conduct in question.

Navtej Singh Johar and others vs Union of India 2018

In this case, the supreme court had held that, LGBTQ Community is Entitled to all Constitutional Rights. Court maintained that; they are entitled to full range of constitutional rights including liberties protected by the Constitution. They are also entitled to equal citizenship and equal protection of law.

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