Catholic Leaders in India Hail Supreme Court’s Anti-Marriage Equality Ruling
The Supreme Court of India
Several Catholic leaders in India have hailed a judicial ruling that the nation’s Parliament, not its courts, must decide whether to legalize marriage equality.
Fr. Jacob Palakkappilly, spokesperson for the Kerala Catholic Bishops’ Council (KCBC), commented on the ruling by India’s Supreme Court to Mathrubhumi News, stating, “The union of marriage, according to the teachings of the Catholic Church, is between a man and a woman for the purpose of procreation and that is not the case with same-sex marriage.” The Indian state of Kerala has the highest concentration of Catholics in the majority-Hindu nation.
Similarly, Daniel John, a Catholic leader in Madhya Pradesh, said that while LGBTQ+ people are “children of God,” he also upholds that “same-sex marriage is totally against our tradition and culture.” John went on to say:
“As Indian Christians, we cannot subscribe to ideas such as same-sex marriages and the top court has done the right thing dismissing the demand for legal status to it.”
The Supreme Court’s ruling disappointed many others, especially same-gender couples, who had felt hopeful for a favorable ruling given recent progress in India towards expanding rights for LGBTQ+ people. In 2018, the same court decriminalized same-gender sexual activity, an act previously punishable by up to 10 years in prison. Just last year, the Supreme Court ruled that same-gender couples can receive welfare benefits.
In the Court’s ruling on this latest case, Chief Justice D.Y. Chandrachud explained, “It lies within the domain of parliament and state legislatures to determine the law on marriage.” Chandrachud stated in the ruling that upholding the dignity of LGBTQ+ people, and shielding them from discrimination, will be of utmost importance because, in the justice’s words, “Our ability to feel love and affection for one another makes us feel human.”
The Supreme Court’s ruling affirmed further that, “Queer persons are not prohibited in celebrating their love for each other,” but have no right to claim legal recognition of such union. The ruling also affirmed that queer people have the right to choose their own partners, and should not be hampered from doing so.
Beyond the Catholic Church, other religious leaders also vocally supported the Court’s ruling. The UCA News reported, “Leaders from all of India’s main religions – Hindu, Muslim, Jain, Sikh and Christian – also oppose same-sex union, with several of them insisting that marriage ‘is for procreation, not recreation.’”
Still, protestors demonstrated against the decision outside the Supreme Court building. Siddhant Kumar, 27, said:
“‘We are not satisfied with whatever the court has said. This has been going on for years, we have been struggling for legal recognition. We have to remain strong and continue our fight.'”
While the campaign for equal marriage rights continues, the double-sided language from India’s Supreme Court and Catholic leaders alike rings hollow. They try to affirm queer people while at the same time denying queer people’s equality. Such messages are no substitute for the justice which LGBTQ+ people deserve.
—Liam Myers (he/him), New Ways Ministry, November 29, 2023
Good for the students, and good for the fine people of Cleveland who are opposing the negative approach of the bishop. During this season of charitable giving, I will not be supporting (as I usually do) the Cleveland diocesan Catholic high school that I attended. I do feel badly, as the school and many of the fine people associated with it did not choose this, but they are under the control and direction of the bishop. I can’t support the damaging and dysfunctional approach to LGBTQ+ youth that they must implement. My support will go elsewhere this year.