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In Supriyo v. Union of India (October 2023), the Supreme Court declined to legalize same-sex marriage, holding that:
- Marriage is a fundamental right under Article 21
- Recognition of same-sex marriage is within Parliament's domain, not judiciary
- Same-sex couples have no constitutional protection
- The Special Marriage Act is unconstitutional
Answer: Recognition of same-sex marriage is within Parliament's domain, not judiciary
Supriyo judgment (2023): 5-judge Constitution Bench (3:2 on key issues) held: (a) No fundamental right to marry under Constitution (though marriage protected under personal laws), (b) Recognition of same-sex marriage involves complex policy considerations (adoption, succession, maintenance) best left to Parliament, (c) However, affirmed rights of queer couples: protection from discrimination, right to cohabit, access to services without discrimination, (d) Directed government to form committee to examine rights/entitlements of queer couples. Balances judicial restraint with rights protection; ongoing legislative debate.