Same Sex Marriage and Constitutional Law: A Comparative Analysis

This paper examines the constitutional dimensions of same-sex marriage in India through a comparative and rights-based lens. It analyses marriage as a civil institution governed by constitutional values of equality, dignity, liberty, privacy, and autonomy. Drawing upon Indian constitutional jurisprudence, the study traces the progressive recognition of LGBTQIA+ rights and evaluates recent judicial responses to claims for marriage equality. While courts have affirmed the constitutional legitimacy of same-sex relationships, they have exercised restraint in redefining marriage, emphasising separation of powers and legislative competence. The paper also situates the Indian debate within global constitutional developments, highlighting evolving notions of constitutional morality and expanding understandings of family and marriage in comparative jurisdictions. It further explores the social, legal, and economic consequences of non-recognition, particularly in relation to family life, inheritance, and social security. The paper concludes that a dialogic constitutional approach—where courts protect fundamental rights and legislatures institutionalise reform—offers the most sustainable path for harmonising constitutional principles with social realities and ensuring equal citizenship for sexual minorities.