Battle Over Same-Sex Marriage Heats Up as Centre Seeks States' Opinion

Same-Sex Marriage: In the same-sex marriage case before the Supreme Court, the Centre submitted a new affidavit on Wednesday asking for the opinions of the states and the Union Territories on the matter as a party to the case. The Centre stated in the affidavit that "the matter falls within the legislative domain and thus views of all States and UTs on the same are necessary." The Centre opposed granting legality for same-sex marriage when the supreme court heard petitions for its approval. It claimed that the petitions calling for same-sex marriage to be permitted show "urban elitist views for the purpose of social acceptance".

Letter send by Centre

The Centre now wants the states and UTs to join the case as parties and give their opinions within ten days. According to the letter send by center, "Any decision on this matter requires an assessment of the ramifications on existing social customs, practices, values, norms, state rules and such like that may be prevalent in different sections of the society." Regarding the Centre's letter to the states, Mukul Rohatgi said that since he had petitioned the Supreme Court to challenge a federal legislation, the letter to the states was no longer pertinent to his case.

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Our liberties are unassailable-Rohatgi

'This letter was just mailed today, but the notice was made approximately five months ago. How does this apply to my situation?After two Constitution bench rulings, our liberties are unassailable. Our right must now advance, if not in the realm of personal laws, then at least in that of secular laws. The effects of a marriage declaration must extend to secular aspects like adoption, gratuities, and pensions, among others,' stated Rohatgi.

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The fundamental idea of a man and a woman is not an absolute based on genitalia

The arguments for and against same-sex marriage were heard on Tuesday by the five-judge constitution bench, which is presided over by Chief Justice D Y Chandrachud. One of the arguments made was that since the Special Marriage Act also uses terminology like "a man and a woman," using the term "person" instead could conflict with already-existing laws. The Supreme Court ruled that when discussing gender, the fundamental idea of a man and a woman is not an absolute based on genitalia.

Asking for fundamental choice rather than an Elitist concept, Adv. Mukul Rohatgi

According to senior attorney Mukul Rohatgi, the Supreme Court is being asked to grant the right to make basic decisions. The Centre's claim that the petitions before the court reflect "urban elitist attitudes for the goal of social acceptance" was also disproven by him, and he asserted, "It is not an elitist concept that I have acquired today. My rights to marriage, intimacy, and starting a family are inherent. The right to marry is a part of the freedom to make personal decisions. Not only the LGBT community, but also their families have experienced a lot.

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