The Indian Supreme Court on Jan. 9 rejected a series of petitions that challenged its 2023 ruling against marriage equality

A 5-judge bench — Justices Bhushan Ramkrishna Gavai, Surya Kant, Bengaluru Venkataramiah Nagarathna, Pamidighantam Sri Narasimha, and Dipankar Datta — said there were no errors in the ruling that justified a review.

A five-judge Supreme Court bench, led by Chief Justice Dhananjaya Yeshwant Chandrachud, on Oct. 17, 2023, in a 3-2 decision ruled against recognizing the constitutional validity of same-sex marriages in India.

The court emphasized it is parliament’s rule to decide whether to extend marriage rights to same-sex couples. It also acknowledged its function is limited to interpreting laws, not creating them.

The judges on Jan. 9 stated they had reviewed the original rulings.

“We do not find any error apparent on the face of the record,” they said. “We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed.”

A new bench of judges formed on July 10, 2024, after Justice Sanjiv Khanna unexpectedly recused himself from hearing the appeals, citing personal reasons. The reconstituted bench included Narasimha, who was part of the original group of judges who delivered the ruling.

“The fact that we have lost is a comma and not a full stop for equality,” said Harish Iyer, a prominent LGBTQ rights activist in India and one of the plaintiffs of marriage equality case. “The admission of review petitions is a rarity, and while we will proceed with all legal recourses available this is not the only fight.”

Some of the plaintiffs in November 2023 appealed the Supreme Court’s original decision. Udit Sood and other lawyers who had represented them in the original marriage equality case filed the appeal.

The appeal argued the ruling contained “errors apparent on the face of the record,” and described the earlier ruling as “self-contradictory and manifestly unjust.” It criticized the court for acknowledging the plaintiffs face discrimination, but then dismissing their claims with “best wishes for the future,” contending this approach fails to fulfill the court’s constitutional obligations toward queer Indians and undermines the separation of powers envisioned in the constitution. The appeal also asserted the majority ruling warrants review because it summarily dismissed established legal precedents and made the “chilling declaration” that the constitution does not guarantee a fundamental right to marry, create a family, or form a civil union.

While speaking to the Washington Blade, Iyer said this setback is a reminder that our futures can be shaped by collaboration and numerous small victories along the way.

“We will have a multi-pronged approach,” he said. “We need to speak to parents groups, teachers, police personnel, doctors, and medical staff, news reporters, podcasters, grassroots activists, activists from allied movements, our local/state and national level elected representatives. We all need to do our bit in our circle of influence. These small waves will create a force that will help us propel toward marriage equality.”

Iyer told the Blade he is confident the community will achieve marriage equality within his lifetime, offering assurance to every queer individual.

“I just hope that I am not too old to find someone to marry with by then.”

As per the Supreme Court’s rules, a ruling is reviewed only if there is a mistake or error apparent on the face of the record, the discovery of new evidence, or any reason equivalent to these two. Justices typically consider appeals without oral arguments, circulating them among themselves in chambers. The same set of justices who issued the original ruling typically rules on the appeal. In this case, however, Justices Sanjay Kishan Kaul and S. Ravindra Bhat, and Chandrachud, who were part of the original bench, had retired.

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, described the Supreme Court’s refusal to hear the appeal as not just a legal setback, but a significant blow to the hopes of millions of LGBTQ people across India. He said the decision perpetuates a sense of exclusion, denying the community the constitutional promise of equality under Article 14 and the right to live with dignity under Article 21.

“This decision comes at a time when global momentum on marriage equality is growing,” said Saha, noting Taiwan and more than 30 other countries around the world have extended marriage rights to same-sex couples. “The lack of recognition in India, despite the 2018 Navtej Johar judgement — decriminalizing homosexuality, leaves the LGBTQ community in a vulnerable position.”

Saha further noted in Jharkhand, a state in eastern India where socio-cultural stigmas run deep, the Supreme Court’s refusal highlights the fight for equality is far from over.

He shared the Jamshedpur Queer Circle recently supported a young lesbian couple who were disowned by their families and faced threats when attempting to formalize their relationship. Saha stressed that without legal safeguards, such couples are left without recourse, underscoring the urgent need for marriage equality to ensure protection and recognition for LGBTQ people.

“While the decision delays progress, it cannot halt the movement for equality,” said Saha. “Marriage equality is inevitable in a country where nearly 60 percent of Indians aged 18-34 believe that same-sex couples should have the right to marry (Ipsos LGBT+ Pride Survey, 2021.) This ruling highlights the need to shift our advocacy strategy towards building a stronger case for social and political change.”

Saha proposed several calls to action and strategies for moving forward.

He emphasized to the Blade the need for mobilizing the community through state-level consultations and storytelling campaigns to humanize the issue of marriage equality. Saha also highlighted the importance of developing stronger petitions, supported by case studies, international precedents, and data to effectively address judicial concerns.

Saha suggested working with allies in civil society and corporate India to push for incremental changes. He advocated for engaging policymakers in dialogue to promote legislative reforms, emphasizing the economic benefits of inclusion. Saha also called for campaigns to counter misinformation and prejudice, while establishing counseling and support groups for LGBTQ people and their families that provide guidance and support.

“Legal recognition of marriage is not just about ceremony; it is about the basic rights, dignity, and respect that every individual deserves,” said Saha. “Together, through collective action, we will ensure that the arc of justice bends in our favor.”

Indrani Chakraborty, an LGBTQ activist and mother of Amulya Gautam, a transgender student from Guwahati in Assam state, described the Supreme Court’s appeal denial as an “insensitive approach.”

“Love and commitment are emotions that can never be under boundaries. Rejection of same-sex marriage is an oppressive approach towards the LGBTQI+ community,” said Chakraborty. “This is discrimination. Marriage provides social and legal security to the couple and that should be irrespective of gender. Same-sex relationships will be there as always even with or without any constitutional recognition. The fight should go on, as I believe, this validates the intention. The community needs to stand bold, and equality be achieved.”

Thailand’s marriage equality law is set to take effect on Jan. 22.

The country will become the first one in Southeast Asia — and the third in the continent after Taiwan and Nepal — to extend marriage rights to same-sex couples.

Thai MPs passed the marriage equality bill on June 15, 2024, by a 210-180 vote margin. Four lawmakers abstained.

A report that YouGov, a global public opinion and data analytics company, published last July 31 found 32 percent of respondents expressed happiness about the marriage equality law, while 18 percent felt proud and 14 percent were hopeful. The report noted 74 percent of Gen Zers who responded expressed support for marriage equality, with greater support among women (81 percent) than men (67 percent).

After the law’s passage, Prime Minister Srettha Thavisin called it a “significant step” for Thailand.

“Equality and equity have become concrete in Thai society,” he said, adding he was hopeful that gender diversity would be fully accepted.

Thavisin also highlighted the government’s commitment to equal rights for LGBTQ couples. He stated the marriage equality bill would give them “the exact same equal rights” as heterosexual couples.

At the time the law was passed, several celebrities expressed their support. 

Jeff Satur, a renowned singer and actor, shared his enthusiasm on social media.

“We have a right to love, and now every love is getting close to having a right to be protected by the laws,” he said.

With the law set to take effect on Jan. 22, the Washington Blade spoke with LGBTQ activists in Thailand about how they are preparing for marriage equality in the country.

“There is an excitement in the air, not only for activists who have been advocating for marriage equality for over two decades but also for LGBTIQN+ people in Thailand, who are eagerly waiting to welcome this law when it takes effect on Jan. 22, 2025,” said Hua Boonyapisomparn, a prominent transgender activist.

“I also believe that marriage equality advocates and LGBTIQN+ activists now plan to celebrate and support couples who are their peers and members of the LGBTIQN+ community to get married nationwide,” said Boonyapisomparn. “I believe that many couples will line up at the local registration office on the first day so that they can be recorded as the first couple in their respective province. In addition to this excitement, I hope to see that activists will monitor arising issues during the registration process and the effect of other legislations associated with the marriage equality bill. However, we should now forget about continuing the work because It is time for the celebration of love and equality for the LGBTIQN+ community in Thailand.”

Boonyapisomparn expressed her appreciation for everyone who contributed to advocating for marriage equality in Thailand. She also noted Thailand is not the “heaven” for LGBTQ people that many perceive it to be and stressed that achieving gender equality remains a significant goal for activists, even after the implementation of marriage equality.

“We should now forget about continuing the work because it is time for the celebration of love and equality for the LGBTIQN+ community in Thailand,” said Boonyapisomparn. “As activists, we stay focused on the goal and shared values, seek new allies, and adapt how we fight to overcome struggles. When we fight for love, we know love has no gender, and love will win over hatred, phobias, and violence.”

Boonyapisomparn, while talking to Blade, said that even though she was a part of the advocacy efforts in parliament, she can only hope this advance will open another door for legal gender recognition for which she and other trans activists have been advocating for more than a decade.

“I hope the equality win will not only stop at marriage equality as many other bills are waiting to get to the parliament of Thailand,” she said.

Midnight Poonkasetwattana, executive director of the APCOM Foundation in Thailand, an NGO that advocates for the rights and well-being of the LGBTIQ community across Asia, expressed excitement about the law coming into effect. He said he expects many happy couples and community celebrations on Jan. 22 and throughout the weekend.

“To celebrate this joyous occasion, APCOM, as part of the Thailand Pride working group will also host an event where LGBTQ couples will register their marriage at the Bang Rak district office — the most popular district that couples register their marriage because it is believed that it is an auspicious name and will make your love life happy (Rak in Thai means Love),” said Poonkasetwattana.

He further noted Bangkok Pride will host an event at a shopping mall where 1,448 couples will officially register their marriages.

“I am of course ecstatic that finally Thailand is showing leadership and taking a step up for LGBTQI inclusion and ensuring that we also have the same rights under the law,” aid Poonkasetwattana. “I am thankful to the community that has kept the advocacy momentum going despite many setbacks.” s

“It is undeniable that Thailand has benefited economically from its reputation as an LGBTQI paradise, owing to tourism, the service industry, and the BL series (the Boys’ Love (BL) series is a genre of Thai television shows and films that focus on romantic relationships between male characters. These series have gained immense popularity both within Thailand and internationally. A more inclusive society is a happier and more productive one,” he added. “With the recent passage of the LGBTQI marriage equality bill, it is time for Thailand to embrace and be empowered to include LGBTQI as one of its proud soft powers.”

Nada Chaiyajit, a prominent LGBTQ rights activist in Thailand, echoed Poonkasetwattana, describing the law as “groundbreaking.

“While the law has some shortcomings, such as retaining binary ‘father/mother’ terminology for parents rather than the more inclusive ‘primary parent’ proposed by activists, it is still a significant step forward,” said Chaiyajit. “The marriage equality law provides legal recognition and protection for diverse families, enabling LGBTIQAN+ individuals to enjoy the same rights and dignity as heterosexual couples when it comes to marriage and family establishment.”

Chaiyajit said the law has the potential to positively impact the lives of millions of LGBTQ people in Thailand by increasing societal acceptance, reducing discrimination, and affirming their fundamental human rights. She added it will send a powerful message that all individuals, regardless of their sexual orientation, gender identity, gender expression, and sex characteristics deserve equal treatment under the law.

Chaiyajit noted the work is far from over, emphasizing the need for continued advocacy by activists and organizations. 

She highlighted the importance of pushing for further reforms, such as adopting entirely gender-neutral language for parenting and ensuring that religious objections do not hinder the law’s implementation.

The Indian LGBTQ community has long grappled with systemic neglect and societal prejudices, but significant victories like the striking down of Section 377 in 2018 and progressive Supreme Court verdicts have sparked hope. The fight for equality nevertheless remains arduous.

Amid this struggle, Harish Iyer has stood out as a beacon of courage, leading the movement with unwavering commitment and inspiring others to unapologetically embrace their identities.

Iyer, with a slight smile, noted to the Washington Blade during a recent interview that he was born into privilege. As the first male child in a patriarchal society, he explained this status came with inherent advantages.

Despite being born into privilege, Iyer’s early life was marked by profound challenges.

At just 7-years-old, he endured and survived a traumatic experience of rape, an event that deeply impacted his childhood. Iyer said he was gang raped at 11, four years after a relative sexually assaulted him. Iyer told the Blade these assaults impacted his confidence.

“Children go through sexual assault but they do not understand what is happening with them,” said Iyer. “Because they are children, they do not know its language. We do not call a penis a penis, we do not call a vagina, a vagina. I am 45 years of age, and I am talking about 1987 or 1988. People had very little understanding. When you do not have language to say what it is, you don’t say about it.”

Iyer said it is easier for girls to talk about sexual assault compared to boys, and as a result it was harder for him to speak out. He also struggled living in two worlds: One of morals and fairy tales, and another filled with hardships that he tried to mask.

“I opened up about my abuse at 18, after 11 years of continuous trauma,” said Iyer. “That was a different battle altogether. It was 1998-1999, a time with little awareness about child sexual abuse. When I told my parents, my mother understood that a child could be abused. My father, however, was not supportive and didn’t understand what was happening.”

Iyer shared how these events shaped his thoughts, values, and empathy for others facing similar challenges.

At 22, he began to understand his sexuality and came out to his parents as gay. At 40, he realized his gender could be fluid and has identified as gender-fluid since then.

Iyer shared his struggles in finding a job as an openly gay man in India’s conservative society. He now works at Axis Bank, one of India’s largest private banks. Iyer said joining the bank was a unique journey — he did not have any other job opportunities at the time.

“I applied for every job on LinkedIn,” said Iyer. “Axis Bank responded. I thought I’d be unhappy there, but I needed the money, so I applied. The process took a long time, but after several interviews, I was selected. During the interviews, I realized I could be myself. People saw me for who I truly am, and that worked wonders.”

“A week after joining, I started pushing boundaries,” he added. “The chief human resources officer called me to her office. After our conversation, she held me close and said, ‘You should not have to fit in — be who you are.’ Within six months, we created a charter with policies for the LGBTQ community. It’s called ‘Come As You Are.'”

Iyer told the Blade that Chief Human Resources Officer Rajkamal Vempati was upset with him.

She felt he was free to express himself at the company, but wasn’t doing so. Iyer said Axis Bank has a dress code policy for employees — one for men, one for women, and one for LGBTQ employees that allows them to choose the gender in which they want to present themselves.

He said he never expected to see such inclusion in a private sector bank in India before joining Axis Bank.

Iyer challenged sodomy law, continues to fight for marriage equality

On the third anniversary of the Supreme Court’s 2018 ruling that struck down Section 377, the provision of the country’s penal code that criminalized consensual same-sex sexual relations, Axis Bank in 2021 introduced policies and a charter for the LGBTQ community. Iyer, a long-time LGBTQ activist, continues to fight for equal rights.

He said Axis Bank became the first private bank in India to specifically welcome customers from the LGBTQ community.

“I was invited by the Social Justice Ministry for a consultation on LGBTQ+ rights,” noted Iyer. “During the discussion, it was proposed that all banks in India should open their doors to the LGBTQ+ community.”

Iyer was one of those who challenging Section 377.

The Supreme Court struck down the colonial-era law on Sept. 6, 2018. Iyer was also a plaintiff in Supriyo v. Union of India, which sought legal recognition of same-sex marriages in India. The Supreme court heard this case in 2023.

“Culture is an evolving phenomenon,” said Iyer. “It is not static. As culture evolves, we as people need to evolve. I would like to believe that my organization is always evolving and we will get better.”

Iyer told the Blade he doesn’t have a specific game plan for the future. As one of Axis Bank’s prominent figures, however, he feels LGBTQ people are equal citizens in India.