On March 13, 2023, a perplexed Supreme Court addressed the government's worry over the "psychological" impact same-sex marriage may have on children, saying that having lesbian or gay parents does not always make a child lesbian or gay.
However, Chief Justice D.Y. Chandrachud took the opportunity on Monday to allay the government's concerns about how such a move might affect India's "social ethos" before referring petitions for the legal recognition of same-sex marriage to a Constitution Bench.
Tushar Mehta, Solicitor General for the Union, objected to the court’s intervention by stating, “The Parliament will have to examine… The Parliament will have to see what would be the psychology of a child who has seen either two men or only two women as parents… What would be the psychology of a child who was not reared by a father and a mother… Parliament will have to debate whether we would like this institution to be recognized in view of our social ethos…”
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