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Today, the Supreme Court released more orders, but they took no action on the cases we’re following. One involves a florist who refuses to provide flower arrangements for same-sex couples, and the other involves the city of Philadelphia’s decision to end its contract with Catholic Social Services because they don’t allow same-sex couples to adopt or foster children.

The Court didn’t issue any decisions in argued cases today, so we’re still waiting on the Title VII LGBT cases.

This is an open thread and we’ll post any breaking news.

21 Comments

  • 1. VIRick  |  January 21, 2020 at 5:32 pm

    Sinaloa: Lesbian Couple Marries on Sinaloa/Nayarit State Line in Protest

    Per LGBT Marriage News:

    Mazatlán, Sinaloa – Este sábado, el 19 de enero 2020, la activista y miembro del Colectivo LGBT en Sinaloa, Vicky Ibarra Rojas, contrajo nupcias en los límites de Nayarit y Sinaloa con su ahora esposa, Paola Cázares, a modo de protesta por el rechazo que ha tenido el Congreso del Estado (de Sinaloa) por la aprobación del matrimonio igualitario.

    Por lo que dio a conocer, que ambas tienen 10 años como pareja, y que durante ese tiempo se mantuvieron en pie de lucha para obtener el derecho al casamiento legal. Sin embargo, no fue así, ya que tuvieron que viajar a Teacapán en (la municipalidad de) Escuinapa, (Sinaloa), y para de ahí, trasladarse a Tecuala, (Nayarit), y así contraer matrimonio.

    “A un paso es Sinaloa y al otro paso es Nayarit, entonces es como un acto político de protesta de ver cómo, por centímetros de tierra, en el caso de Sinaloa, las personas dejamos de ser personas de primer nivel y pasamos a ser personas de segundo nivel, y cómo nuestros derechos simplemente no tienen validez.”
    https://lineadirectaportal.com/sinaloa/pareja-lgb

    Mazatlán, Sinaloa – Last Saturday, 19 January 2020, the activist and member of the LGBT Collective in Sinaloa, Vicky Ibarra Rojas, married on the border of Nayarit and Sinaloa with her now wife, Paola Cázares, as a protest against the rejection of the approval of marriage equality by the Congress of the State (of Sinaloa).

    From what was announced, they have been together as a couple for 10 years, and during that time, they continued fighting to obtain the right to legal marriage. However, it was not to be so, since they had to travel to Teacapán in (the municipality of) Escuinapa, (Sinaloa), and from there, move on to Tecuala, (Nayarit), and thus get married.

    “With one foot in Sinaloa and the other in Nayarit, it is thus an act of political protest to see how, by centimeters, in the case of Sinaloa, persons stop being first-class people and become second-class, and how our rights simply have no validity.”

    Note: This same-sex couple was certainly not the first from Sinaloa to marry in neighboring Nayarit, but appears to be the first to have turned the entire procedure into an act of political protest. Teacapán, on the coast, and Escuinapa, inland, together comprise the southernmost municipality in Sinaloa, while Tecuala, Nayarit, abuts it on the other side of the state line, the municipality where they actually married. For the past four years, Tecuala has established a lively business for itself, not only marrying many other same-sex couples from Sinaloa, but also couples from Baja California Sur, Sonora, Durango, and Zacatecas. One need not be a resident of the state to marry in Nayarit.

  • 2. VIRick  |  January 23, 2020 at 2:48 pm

    Given that there is a water boundary near and at the coast separating the state of Sinaloa from Nayarit, with the border first following a river and then expanding into a wide lagoon, I was curious as to how this couple managed to marry at the state line. Now, a whole series of photos taken at the event has been located which illustrate many of the details and provide the answers:
    https://seisfranjasmx.com/2020/01/22/activistas-l

    First, as stated within this accompanying article itself:

    Las ahora esposas unieron sus vidas frente a las costas de Teacapán, Sinaloa, en Tecuala, Nayarit.

    The now wives united their lives facing the coast of Teacapán, Sinaloa, in Tecuala, Nayarit.

    In a surprisingly accommodating gesture, and as per the special request of Vicky, the civil registry officials of Tecuala, Nayarit, temporarily moved their entire operation from their normal office location in town, and for this special event, relocated themselves down onto the beach, but still within the municipal limits of Tecuala, and held the entire affair outdoors as close as physically possible to Teacapán, Sinaloa, visible in the background, across the lagoon. The second and third photos show the couple, to the left, on the beach near the water's edge, signing the marriage documents before the civil registry official, also in white, standing to the right.

    Once these photos have circulated in the LGBT press in Mexico, Tecuala's reputation (already quite high, even before this event) as being "the place to go" for a (winter) beachside same-sex marriage ceremony will skyrocket.

  • 3. VIRick  |  January 21, 2020 at 5:38 pm

    New Jersey Bans Gay/Trans "Panic" Defense in Criminal Cases

    Per Governor Phil Murphy:

    Today, 21 January 2020, I just signed a bill (A-1796) banning the gay and trans panic defenses for charges of criminal homicide. We will always stand with our LGBTQ community and promote full equality for all our residents.
    https://twitter.com/GovMurphy/status/121963868353

    The measure received unanimous support in both the New Jersey Senate and Assembly. With this signing, New Jersey becomes the 9th state to ban the gay/trans "panic' defense in criminal cases in state court, following behind California, Illinois, Rhode Island, Nevada, Hawaii, Maine, Connecticut, and New York.
    https://www.washingtonblade.com/2020/01/21/n-j-be….

  • 4. VIRick  |  January 21, 2020 at 5:44 pm

    Virginia Senate Passes Ban on "Conversion Therapy" for Minors

    Per Mathew Shurka:‏

    Late this afternoon on 21 January 2020, the Virginia Senate passed the "conversion therapy" youth protection bill (SB 245) by a vote of 20-18. The bill's sponsor, Senator Scott Surovell, is pursuing this protection to the Governor's desk!
    https://twitter.com/MathewShurka/status/121972168

  • 5. VIRick  |  January 22, 2020 at 9:32 am

    Virginia: On 21 January 2020, State Senate Approves Four LGBTQ Rights Bills

    1. Senate Bill 245, which state Sen. Scott Surovell (D-Fairfax County) introduced, would prohibit any health care provider or counselor in Virginia from practicing so-called conversion therapy. The measure passed by a 20-18 vote margin. Previous versions of the bill have been introduced since 2016, but consistently failed to pass the Senate. Once signed into law, this measure would make Virginia the 20th state to ban the discredited practice.

    2. Senate Bill 161, a measure sponsored by state Sen. Jennifer Boysko (D-Fairfax County), would require school boards to adopt policies to ensure transgender students have equal access to school facilities and appropriate ID cards. SB 161 would also address harassment. The measure passed by a 24-15 vote margin.

    3. Senate Bill 657, a bill also introduced by Boysko, would allow transgender Virginians to update their name and sex on their birth certificates. It also passed by a 24-15 vote.

    4. Senate Bill 17, a measure introduced by state Sen. Adam Ebbin (D-Alexandria), would repeal Virginia’s statutory ban on same-sex marriage.This bill passed by a 25-13 vote margin.

    In addition, on Wednesday, 22 January 2020, the Senate General Laws Committee will hear testimony on Senate Bill 868, a bill known as the Virginia Values Act, that would add sexual orientation and gender identity to the state’s non-discrimination laws. Ebbin and state Del. Mark Sickles (D-Fairfax County), who are both openly gay, have introduced versions of the Virginia Values Act in both the Senate and the Virginia House of Delegates.

    Currently, 25 states prohibit discrimination based on sexual orientation, and 21 states prohibit it based on gender identity.

    “This legislation creates a critical update to Virginia law and sends a clear message that the commonwealth is a safe and welcoming place for all people,” said James Parrish, director of the Virginia Values Coalition, a group of local and national LGBTQ organizations that support the Virginia Values Act.

    Governor Ralph Northam, House Speaker Eileen Filler-Corn (D-Fairfax County, and Senate Majority Leader Dick Saslaw (D-Fairfax County) all support the bill. Democrats have made it a top priority for the 2020 legislative session.
    https://www.washingtonblade.com/2020/01/21/va-sen

  • 6. VIRick  |  January 21, 2020 at 5:48 pm

    Kosovo: Transgender Man Wins Right to Change Name/Gender

    Per ILGA Europe:

    After a 2-year court battle in Kosovo and a legal decision in December 2019 affirming his rights, on 20 January 2020, Blert Morina was finally able to change his name and gender marker on his ID documents! This is a landmark decision for Blert, for trans persons, and for the whole LGBT community in Kosovo.
    https://twitter.com/ILGAEurope/status/12196520133

    This was actually the second such name/gender change court case to occur in Kosovo, but the first wherein which the plaintiff publicly self-identified themselves. An earlier anonymous case occurred in 2018. One can read much more detail about the singular individual involved in the present case here:
    https://kosovotwopointzero.com/en/landmark-decisi

    Although not mentioned in either reference above, one should also note that Kosovo is a predominately Muslim country.

  • 7. VIRick  |  January 21, 2020 at 6:12 pm

    “Gayceañera," A 15th Birthday Party for a Gay Son

    The parents of a gay teenage son recently threw a “gayceañera” on his 15th birthday to celebrate his coming out and make him feel more accepted among family and friends. The celebration included dancing gymnasts, rainbow-colored cakes, sequined unicorn, stuffed animals, and a photo booth.

    The event, which was held on 5 January at the Sunset Restaurant and Lounge, an Italian restaurant in the town of Glenn Burnie MD, was thrown by Heidi Irene and Terry Trammell in celebration of their teenage son, Aiden.

    The gayceañera is a queer twist on the quinceañera, a celebration common in Spanish-speaking countries which marks a girl’s transition from childhood to young adulthood on her 15th birthday. While the ceremony varies from country to country, it often involves a young person wearing a beautiful dress, being presented at a public banquet, eating a special birthday cake, and then dancing with male friends and family members.

    In similar form, Aiden made his appearance at the event wearing green-hair and a rainbow-colored suit.
    https://www.lgbtqnation.com/2020/01/loving-parent

  • 8. JayJonson  |  January 22, 2020 at 7:21 am

    Utah becomes the 19th state to ban sexual orientation conversion therapy for minors.

    After a legislative bill accomplishing the same goal became so watered down by amendments and religious exceptions that it was withdrawn by its sponsor, Governor Herbert promised to ban the practice by regulation. Today the ban went into effect.

    The Executive Director of Equality Utah issued a statement praising the governor: “Every reputable science-based organization in the country recognizes that conversion therapy is a dangerous fraud. It exacerbates depression, anxiety and suicide ideation. We are grateful to Governor Herbert and the Board of Psychologists for acting swiftly on behalf of LGBTQ youth.”
    https://fox13now.com/2020/01/21/utah-bans-convers

  • 9. VIRick  |  January 22, 2020 at 2:17 pm

    Pakistan: Transgender Individuals Now Eligible for Free Health Care

    Pakistan’s government expanded a free health care program to include transgender people earlier this month, as the country’s prime minister said that they were “taking responsibility” for trans people. Prime Minister Imran Khan announced that a government insurance program originally created for poor people would be extended to cover transgender healthcare.

    The Sehat Insaf Card program covers health care costs of up to 720,000 Pakistani rupees (about $4700) a year for people who make less than $2 a day. Now, transgender people will not be asked to prove they have a low income to access the cards. Instead, any person who identifies as transgender will be eligible for this health insurance program.

    Based on current Pakistani law passed in 2018, a transgender person is defined as “any person whose gender identity and/or gender expression differs from the social norms and cultural expectations based on the sex they were assigned at the time of their birth.”

    Meanwhile, as a surreal contrast, homosexuality is still banned in Pakistan, and by statute (inherited from the British Raj) is punishable under the law with prison or death. Although India's Supreme Court has ruled Section 377 to be unconstitutional, Pakistan's Supreme Court has yet to rule likewise against the same colonial era law.
    https://www.lgbtqnation.com/2020/01/pakistan-give

  • 10. VIRick  |  January 22, 2020 at 6:07 pm

    Cayman Islands Marriage Equality Case Heads to Privy Council in UK

    Per Rex Wockner:

    Lawyers acting for the same-sex couple contesting Cayman’s marriage laws have confirmed plans to take their fight to the UK Privy Council. Chantelle Day and Vickie Bodden-Bush won their initial court fight to be granted the right to marry in Cayman, but the Court of Appeal ruled that government was obliged to provide the couple, and all same-sex couples, with rights "equivalent to marriage" and instructed government to introduce legislation to that effect. Attorney-General Samuel Bulgin indicated last week that legislation for civil partnerships is being drafted.

    On Wednesday, 22 January 2020, Attorney Ben Tonner, QC, who represents Day and Bodden-Bush, confirmed that an application had been filed with the Court of Appeal for final leave to apply to the Privy Council in the UK. Once that is granted, the legal team will be able to file the appeal challenging the appeals court’s decision at the highest court.
    https://www.caymancompass.com/2020/01/22/same-sex

  • 11. VIRick  |  January 23, 2020 at 4:43 pm

    Zacatecas: Same-Sex Marriages to Be Included in Collective Marriage Event

    Per Diversidad Sexual Zacatecas:

    Este 14 de febrero 2020, en la Capital de Zacatecas, se puede contraer el matrimonio igualitario dentro de la ceremonia de matrimonios colectivos.
    https://twitter.com/DiverSexZac

    This 14 February 2020, in the Capital of Zacatecas, equal marriages can be contracted within the ceremony of collective marriages.

    The state capital, Ciudad Zacatecas, is one of 3 municipalities (so far) within the state of Zacatecas to have legalized same-sex marriage within their municipal boundaries. As a new "first" within that state, this year, same-sex couples from anywhere within Zacatecas will be able to marry in Ciudad Zacatecas during the city-sponsored collective marriage event scheduled for Valentine's Day, an event paid for and hosted by the city.

  • 12. VIRick  |  January 24, 2020 at 5:48 pm

    Zacatecas: Second Valentine's Day Collective Marriage Announcement

    Per Grupo Juvenil Lambda Zacatecas:

    El Ayuntamiento de Zacatecas invita a todas las parejas interesadas en contraer matrimonio a la Ceremonia de Matrimonios Colectivos 2020, el 14 de Febrero a las 5:00 PM, en el Museo Rafael Coronel.
    https://twitter.com/gj_lambdazac/status/122087851

    The Zacatecas City Council invites all couples interested in contracting marriage to the Collective Marriage Ceremony 2020, on 14 February at 5:00 PM, at the Rafael Coronel Museum.

    In Mexico, these Valentine's Day collective civil marriage ceremonies, fully paid for and graciously sponsored by the various cities and states throughout the country, are a long-standing tradition, originally designed to encourage couples of modest economic means to legally formalize their relationships without enduring unaffordable financial expenses in doing so. Over the years, these public events have blossomed into a major cultural happening, with large cities attracting hundreds of couples all gathered together in a large auditorium facility (or even outdoors) who simultaneously marry in a collective ceremony. Tijuana will likely draw over a thousand couples, and Mexico City will attract multiple thousands.

    For Zacatecas, this will be the first-ever event for which same-sex couples have been invited to participate, remembering that although the Zacatecas state congress refused to legalize same-sex marriage statewide, the city council of Ciudad Zacatecas responded by legalizing it within the municipal boundaries of the city. And the city is the party hosting the above event.

  • 13. VIRick  |  January 24, 2020 at 3:31 pm

    Maryland: Legislature to Vote on Bill to Finally Repeal State Sodomy Law

    Per LGBT Marriage News:

    HB 81 – Sodomy and Unnatural or Perverted Sexual Practice – Repeal

    Repeals criminal laws against sodomy and so-called “unnatural or perverted sexual practice.”

    Anti-sodomy laws across the country originally targeted heterosexual sex that wasn’t part of procreation. But in the ‘70s, they were aimed specifically at gay people as justification for denying their parental rights, firing them, and discrediting LGBT voices, according to the ACLU. Maryland allows for up to 10 years in prison and a $1,000 fine upon criminal conviction for various acts, including beastiality. According to a fiscal and policy note accompanying the repeal bill, more than 300 violations were filed in state courts in fiscal year 2019, and 15 people were sentenced. The Department of Public Safety and Correctional Services also said seven inmates were sentenced for offenses. Setting the intimate relations with animals aside (we dearly hope that’s covered under animal abuse laws), there is no reason for the state to criminalize sexual acts between consenting adults. It’s shameful this law is still on the books and in use.
    http://www.baltimoresun.com/opinion/editorial/bs-

    16 US states still maintain sodomy laws on the books (many scrambled together with bestiality bans, like Maryland), despite the 2003 Supreme Court ruling in "Lawrence v. Texas:" Thirteen states' statutes purport to ban all forms of sodomy, some including oral intercourse, regardless of the participants' genders: Alabama, Florida, Georgia, Idaho, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, North Carolina, Oklahoma, and South Carolina. Three states specifically target their statutes at same-sex relations only: Kansas, Kentucky, and Texas.
    https://en.wikipedia.org/wiki/Sodomy_laws_in_the_

  • 14. VIRick  |  January 24, 2020 at 4:11 pm

    Monaco: Civil Unions Law Officially Published

    Per LGBT Marriage News:

    The LGBT Civil Unions Law in Monaco was officially published on 27 December 2019, meaning that it will come into effect from 27 June 2020.

    N° 1481 – Loi du 17 décembre 2019 Relative aux Contrats Civils de Solidarité

    Le projet de loi n° 974 (loi n° 1481) a pour objectif de mieux prendre en compte la situation des personnes qui ont fait le choix d’avoir un projet de vie commun sans être mariées.

    Loi publiée au Journal de Monaco, n° 8466, le 27/12/2019
    http://www.conseil-national.mc/index.php/textes-e

    N ° 1481 – Law of 17 December 2019 Relative to Civil Solidarity Contracts

    Bill 974 (Law No. 1481) has the objective of taking better account of the situation of people who have made the choice to have a common life plan together without being married.

    Law published in the Journal de Monaco, n ° 8466, on 27/12/2019.

  • 15. VIRick  |  January 25, 2020 at 2:09 pm

    Tennessee: Anti LGBTQ Adoption Bill Signed into Law

    On 24 January 2020, Tennessee Gov. Bill Lee signed HB 836 into law, legislation that would enable taxpayer-funded adoption agencies to refuse placement into LGBTQ homes over religious objections, making this the first anti-LGBTQ bill to become law in any state in 2020, and the very first piece of legislation to become law this year in Tennessee.

    The Tennessee state legislature sent the measure to the governor’s desk earlier this month after Senate approval. The House had passed the legislation in April 2019. The bill was quietly signed into law “with no fanfare or announcement from Lee’s office.” The act of signing the legislation, HB 836, was immediately rebuked by LGBTQ rights groups, who say it amounts to legalized discrimination against LGBTQ families seeking to adopt.

    The bill, sponsored by Sen. Paul Rose (R-Covington), prohibits requiring private licensing child-placement agencies to participate in child placement “that would violate the agency’s written religious or moral convictions.” Although nothing in Tennessee state law or federal law previously stopped adoption agencies from refusing placement into LGBTQ homes, the new measure could potentially compromise municipal ordinances against anti-LGBT discrimination. According to the 2019 Human Rights Campaign Municipal Index, Tennessee cities with bans on anti-LGBTQ discrimination in municipal services are: Chattanooga, Clarksville, Knoxville, Memphis, and Nashville.

    The new Tennessee law is similar to laws recently enacted in a number of other states at the behest of religious-affiliated adoption agencies, such as Catholic Charities, who believe LGBTQ homes are inappropriate for raising children. States that already have such laws are: Virginia, Oklahoma, Kansas, Texas, Alabama, Michigan, Mississippi, North Dakota, and South Dakota.
    https://www.washingtonblade.com/2020/01/24/tenn-g

  • 16. VIRick  |  January 25, 2020 at 3:49 pm

    Veracruz: Beyond Stupid, Religious Nut-Jobs Have Now Become Menacing and Nasty

    Per Gonzalo Kinich:

    Morena, a través de la diputada estatal Mónica Robles, propondrá un paquete de reformas al código civil de Veracruz en las cuales se incluye el matrimonio igualitario. Grupos religiosos la amenazaron de muerte, por eso es importante respaldar la iniciativa.
    https://twitter.com/Kiwi_lloron

    Morena, through state deputy Mónica Robles, will propose a package of reforms to the civil code of Veracruz in which marriage equality is included. Religious groups threatened her with death, so it is important to support the initiative.

    Of recent date, religious nut-jobs have attacked the informational LGBT legislative forums organized by Mónica Robles, and that are currently being presented as a series at various locations throughout the state. The attacks on the forums in Orizaba, Coatzacoalcos, and Boca del Río (in each instance, on different dates, but perpetrated by the same nut-jobs) have been the worst. To add insult, Mónica represents Coatzacoalcos.

    Besides marriage equality, the reform package contains a total of 11 proposals, including express-divorce (divorcio sin causal), the legal recognition of cohabitation after couples have been together for a 2-year interval, presumed paternity and filiation for both married and cohabiting couples (regardless of the sex of any pair), the right to choose the surname order for the child, and several more relative to increased women's rights. In particular, the express divorce measure is quite popular (and needed), and has probably been bundled in with the others on purpose. And of course, the cohabitation provision covers thousands of currently-existing hetero couples whose relationship is not presently recognized, nor are the rights of their children, a point which would also be rectified by another of the proposed provisions. Gonzalo has posted the entire 11-point proposal:
    https://twitter.com/Kiwi_lloron

    Veracruz is further behind most states on a wide range of civil code subjects which need up-dating. This package is designed to play quick catch-up on most matters. Even still, I do not see anything in it regarding adoption rights nor gender identity.

  • 17. VIRick  |  January 26, 2020 at 2:20 pm

    Costa Rica Marriage Equality Count-Down

    Per the ruling of the Constitutional Chamber of the Supreme Court of Costa Rica, if the national Legislative Assembly does not approve marriage equality within 18 months of the date of the publication of said ruling, then marriage equality will automatically come into force. Since it has become less and less likely that the legislative body intends to act within the time-frame set by the court, the date in question, per court ruling, 26 May 2020, is now only 4 months away.
    https://wockner.blogspot.com/

    As matters currently stand, Costa Rica is thus slated to be the first country in Central America with marriage equality, unless, of course, courts in Panamá, El Salvador, and/or Honduras were to surprise us in the interval with a positive marriage equality ruling in any one of the several pending cases in those three countries. El Salvador has promised us a ruling in one of their pending cases by the end of March 2020, while Panamá could rule at any time.

    Marriage equality cases have not yet been filed in Belize, Guatemala, or Nicaragua. Of the three, the next-most-likely would be Belize.

  • 18. VIRick  |  January 26, 2020 at 3:29 pm

    México: The Court Already Said It

    México: Ya Lo Dijo La Corte

    Per Soy Humano AC de Veracruz:

    Suprema Corte de Justicia de la Nación: Las leyes que prohíben el matrimonio entre personas del mismo sexo son discriminatorias y por tanto inconstitucionales.
    https://twitter.com/soyhumanoac

    Supreme Court of Justice of the Nation: The laws that prohibit marriage between persons of the same sex are discriminatory and therefore unconstitutional.

  • 19. VIRick  |  January 26, 2020 at 7:58 pm

    South Korea: First Transgender Soldier, Discharged from Military, Plans to Sue

    Sgt. Byun Hee-soo was "compulsorily" discharged by the South Korean Armed Forces once they had determined that she had undergone gender affirming surgery. They made their decision on Wednesday, 22 January 2020, after considering the matter according to South Korean military law. The use of the word "compulsorily" insinuates that it was required under South Korean military rules.

    In a press conference following the military’s announcement, Byun pledged to sue for her right to stay in the Armed Forces. “I will continue to fight until the day I can remain to serve in the army,” she said. “I’ll challenge the decision until the end, to the Supreme Court.”

    A military spokesman confirmed that officials found out about Byun’s “loss of male genitals” through tests at a military hospital, where she has been kept since. A panel determined that the military can consider this “a mental or physical handicap,” since Byun entered service classified as a male.
    https://www.lgbtqnation.com/2020/01/south-korea-d

  • 20. VIRick  |  January 27, 2020 at 10:07 am

    India: Gay Couple Sues in High Court of Kerala to Overturn Ban on Marriage Equality

    Per Rex Wockner:

    Gay Couple Moves Kerala High Court for Recognition of Same-Sex Marriages under the Special Marriage Act 1954

    On Monday, 27 January 2020, Justice Anu Sivaraman admitted the written petition filed by the petitioners and issued notices to the governments of Centre (the national government) and Kerala (the state government).

    As per the petitioners, non-recognition of same-sex marriage violates the principles of equality, non-arbitrariness, non-discrimination, individual dignity, and personal autonomy under Articles 14, 15(1), 19(1)(a), and 21 of the Constitution of India.

    The entire petition is attached to the bottom of this law article:
    https://www.livelaw.in/news-updates/gay-couple-mo

    Note: India has a host of marriage laws, each regulating a different religious tradition's marriage/divorce customs, whether it be Hindu, Buddhist, Jain, Sikh, Muslim, Christian, Parsi, Jewish, Baha'i, or whatever. In addition, the Special Marriage Act 1954 regulates secular, non-religious marriages, as well as inter-faith marriages. The various religious laws are not being challenged by the present suit, just that concerning secular marriage.

    For example, the Hindu Marriage Act 1955 applies to:

    A. any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat, or a follower of the Brahmo, Prarthana, or Arya Samaj;
    B. any person who is a Buddhist, Jain, or Sikh by religion; and
    C. any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi, or Jew by religion.

    Each of the latter, in section C, have their own separate marriage law. And, with the passage of Anand Marriage (Amendment) Bill in 2012, Sikhs now also have their own personal law related to marriage. The Goa Civil Code (an inheritance of the Portuguese), applicable in the state of Goa, is a single secular code/law governing all Goans irrespective of religion, ethnicity, or linguistic affiliation, and also appears to apply in Daman and Diu. French Civil Law (an obvious inheritance of the French) governs the inhabitants of the Union Territory of Puducherry (including Karikal, Mahé, and Yanaon). On 14 October 2019, the Special Marriage Act 1954 of India was extended to include the state of Sikkim.
    https://en.wikipedia.org/wiki/The_Hindu_Marriage_
    https://timesofindia.indiatimes.com/india/special

    Supreme Court of India: Succession And Inheritance Of Goan Domicile Shall Be Governed By Portuguese Civil Code, Ruling of 13 September 2019:

    "The Portuguese law which may have had foreign origin became a part of the Indian laws, and, in sum and substance, is an Indian law." This decision was rendered in a case involving a Portuguese citizen of Goa who died, leaving behind property in Bombay (Mumbai) that was being contested among several heirs.
    https://www.livelaw.in/top-stories/succession-inh

  • 21. VIRick  |  January 27, 2020 at 10:59 pm

    With effect from 26 January 2020, the ex-Portuguese Union Territory of Daman and Diu was merged together with the other remaining ex-Portuguese Union Territory of Dadra and Nagar Haveli. It is not perfectly clear whether the Goa Civil Code is to continue being applied in this newly-merged Union Territory, but given the recent high court ruling cited immediately above, one presumes that it will be.
    https://en.wikipedia.org/wiki/Daman_and_Diu

    In researching much of the above pertaining to the multiple marriage laws of India, including the incorporation of both the Goa (Portuguese) Civil Code and the Puducherry (French) Civil Law, I have used up my free access to the Indian legal website, livelaw.in

    Goa, in particular, in a number of unusual ways, has taken positive advantage of its incorporation into India, while maintaining the Goa (Portuguese) Civil Code, given that there are no restrictive religious laws in force there in any form whatsoever. Thus, pork (a no-no to adhering Muslims, Jews, and proper vegetarian Hindus) is consumed without restriction, and alcohol (produced from everything from cashew fruit to fermented coconut, another no-no to adhering Muslims and proper Hindus) is widely marketed, sold, and consumed without restriction. Thus, Goa, without intending it, has been transformed into a major tourist destination, not only for citizens from other parts of India, but also for citizens from the very restrictive Gulf States for which there are now non-stop flights at Dabolim Airport in Goa to/from Doha, Dubai, Kuwait, Muscat, and Sharjah.
    https://en.wikipedia.org/wiki/Dabolim_Airport

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