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The Hindu
The Hindu
National
Krishnadas Rajagopal

Transgender persons in heterosexual relationships have the right to marry under existing law, Supreme Court holds

The Supreme Court on October 17 held that transgender persons in heterosexual relationships have the right to marry under existing law, including personal laws which regulate marriage.

A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud, which decided petitions seeking legal status to same-sex marriage, held that “transgender persons in heterosexual relationships have the freedom and entitlement to marry under the existing statutory provisions”.

Read the full judgment here

“The gender of a person is not the same as their sexuality. A person is a transgender person by virtue of their gender identity. A transgender person may be heterosexual or homosexual or of any other sexuality. If a transgender person is in a heterosexual relationship and wishes to marry their partner (and if each of them meets the other requirements set out in the applicable law), such a marriage would be recognised by the laws governing marriage,” the Chief Justice held in his opinion seconded by all the other four members of the Bench.

Since a transgender person can be in a heterosexual relationship like a cis-male or cis-female, a union between a transwoman and a transman, or a transwoman and a cisman, or a transman and a ciswoman can be registered under marriage laws, the Chief Justice reasoned.

“A transgender man has the right to marry a cisgender woman under the laws governing marriage in the country, including personal laws. Similarly, a transgender woman has the right to marry a cisgender man. A transgender man and a transgender woman can also marry,” the Chief Justice held.

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