Same-Sex marriage

Same-Sex marriage
 

News: A five-judge Constitution Bench headed by CJI D Y Chandrachud began hearing a batch of petitions seeking legal recognition for same-sex marriage.
 

Background:
 The court had referred the pleas to a Constitution Bench on March 13, saying questions of “seminal importance” were involved.
 A three judge benched headed by CJI earlier said the submissions related to an interplay of constitutional rights and specific legislative enactments including the Special Marriage Act on the one hand, and the rights of transgender couples on the other.
 

What are the main issues/arguments of petitioners?
 The right to adopt, or have children by surrogacy or assisted reproductive technology, and automatic rights to inheritance, maintenance, and tax benefits are available only to married couples.
 The petitioners have pointed out that they will not be able to avail of legally accrued benefits of laws such as The Transplantation of Human Organs Act, as it only allows near relatives to object to the use of a deceased’s body for therapeutic purposes or organ donation.
 By excluding same-sex couples from the realm of marriage, the law places a burden on same-sex couples that it is constitutionally impermissible. They argue by not allowing same-sex marriages they are deprived of acceptance, respect from the society.
 Equality is not achieved by the decriminalisation of sexuality alone. It needs to be expanded to other domains of life – workplace, home, public places.
 The petitioners have also sought for same-sex couples the benefits that legislation such as the Special Marriage Act, 1954, provide to opposite-sex couples.
 They have argued that non-recognition of same-sex marriage violates rights under Articles 14 (right to equality before law), 15 (right against discrimination on grounds of religion, race, caste, sex, place of birth), 19 (freedom of speech and expression), and 21 (protection of life and personal liberty) of the Constitution.
 

What are the views of the centre?
 The centre argued that if the court allows same sex marriage, it would amount to the “judicial creation of a social institution called ‘marriage’ of a different kind than contemplated in the existing law”.
 Centre says only the legislature has the right to make such changes in the law.
 Marriage is not…confined to the private sphere. The regulation of marriage is very much an issue of acceptance by the society and as such ought to be debated only by the competent legislature.
 

What are earlier SC judgements that the petition refers to? (Remember the judgements and understand crux of it)

Judgements           Observation