Supreme Court Pronounces Verdict On Same Sex Marriage Some Important Observations The apex court refused to legalise same-sex marriage in India CJI DY Chandrachud, however, made some important observation. Queer persons not prohibited from celebrating love but have no right to claim recognition of such union, CJI said Same-sex or queer couples do not have right to adopt children under the existing law Transgender persons have the right to marry Queer persons have the right to choose their own partner Centre, States, and Union Territories shall not discriminate against the right of the queer community to enter into union Police shall not force queer persons to return to their native families Queerness is not urban concept or restricted to upper class of society The Constitution does not grant fundamental right to marry and the institution (marriage) cannot be elevated to the status of fundamental right