Kerala’s LGBTQIA community dejected with SC verdict on same-sex marriage

Kochi: The LGBTQIA++ community in Kerala is disappointed with the Supreme Court's refusal to grant legal recognition for same-sex marriages. Members of the sexual minority mostly sounded dejected with the constitution bench’s verdict, which left it to the Parliament to decide whether there was a need for change in the regime of the Special Marriage Act.

LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and ally persons.

Padma Lakshmi, the first transwoman lawyer from Kerala, is among those who are disappointed with the verdict. She, however, exuded optimism that the apex court’s judgement would pave the way for a positive change in the future.

“Of course it’s disappointing. But that does not mean there is no place for any hope now. There will be change. I look at each comment made by the chief justice with much hope and respect,” she said.

Chief Justice of India D Y Chandrachud, who is heading the constitution bench, while reading out the judgement, said queer is a natural phenomenon known for ages and is neither an urban nor elitist concept. He directed the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against.

To imagine queer as existing only in urban spaces would be like erasing them and queerness can be regardless of one's caste or class, Justice Chandrachud said. He said it would be incorrect to state that marriage is a "static and unchanging institution". Justice Chandrachud said the ability to choose a life partner goes to the roots of the right to life and liberty under Article 21 of the Constitution.

Lakshmi’s fellow community members Onmanorama spoke to, however, did not share her optimism. Prijith P K, an LGBTQIA++ activist, termed the verdict disappointing and said that the apex court deserted his community.
“The verdict was not unexpected. When we heard the overtly pampering tone of the court towards the community, it was evident this would be the outcome. This is not the first time we are facing a setback from governmental institutions. We achieved whatever visibility we have now through relentless fights. We will continue to fight,” he told Onmanorama.

He said he was personally pained to hear that nobody in the constitutional bench, including the CJI, batted for their marriage rights and instead chose to leave it to the parliament.

Another gay activist, who has often been vocal about the community’s rights, refused to comment saying he was more than disappointed. He said he did not want to respond to a system which did not value his being.

Nikesh Usha Pushkaran and Sonu M S, two gay youths who identify as a married couple and even moved the Kerala High Court seeking the legalisation of same-sex marriage, were not available for comment despite repeated attempts to contact them.