Same Sex Marriage ? Centre?s stance

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Same Sex Marriage ? Centre?s stance

Same Sex Marriage – Centre’s stance

News: The Centre's arguments in the SC covered issues from privacy to personal laws. Here are the six key points it
raised.

Basis	Centre’s Stance
Religious definitions of marriage	1.Various religions have recognised marriage only between man and a woman. 2. The Special marriage act, 1954 was inacted to overcome some limitations of personal laws.
On ‘Legitimate’ interest of state	1.The center cited several aspects of marriage which the state has regulated, such as age of consent to marriage, prohibition of bigamy, judicial separation, and divorce. 2. Thus, The state can claim legitimate interest to regulate, when to marry, how many times to marry, whom to marry, how to separate.
On The right to privacy	1. The center submitted that consenting sex between two adults is in the sphere of privacy within the intimate zone. However, recognising the relationship between the very same two individuals as marriage falling in the public zone has a necessary and inevitable public element.
Parliament must decide	1. The center has repeatedly said decision on same-sex marriage can only be made in Parliament. 2. There are a total 72 categories of genders falling within the LGBTQIA+ community. This would mean several permutations and combinations of marriage and fact specific peculiar problems arising therefrom.
On Interpreting the law	1. The key argument of the Centre is that the Court cannot interpret the Special Marriage Act to include same-sex marriage in a meaningful way. 2. The Centre argued that the Court will have to examine the “entire architecture of the Act rather than examine a few words like husband, wife, etc
Effect on Personal laws	The Centre argued that personal laws will inevitably be affected even if the Court only looks at the Special Marriage Act.