As this editorial is being written, the issue of legally recognising ‘same-sex marriages’1 is being argued before the Supreme Court of India.2 On 18 April 2023, on the first day in a packed courtroom, the presiding bench heard opening arguments from both sides—the State and the Petitioners.3 Senior Advocate Mukul Rohatgi, amongst other lawyers, appearing for the Petitioners passionately argued for ‘a constitutional declaration of marriage’. He said: ‘The legislative drafting which was done 50–70 years ago cannot stop what I’m constitutionally entitled to get’.