SC refers same-sex marriage pleas to Constitution bench, to hear matter from April

The Centre had been opposing the legalisation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values.

The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of "seminal importance".

A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other.

"We are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges with due regard to Article 145 (3) of the Constitution. Thus, we direct the matter be placed before a five-judge Constitution bench," said the bench, also comprising Justices PS Narasimha and JB Pardiwala.

The court posted the matter for arguments on April 18 and said the proceedings will be live-streamed as is done in case of hearings before the constitution benches.

Appearing for the Centre, Solicitor General Tushar Mehta, urged the court to not cut short the arguments of either side, saying the verdict will affect the society as a whole.

The Centre has opposed in the top court a batch of petitions seeking legal validation of same-sex marriages, claiming they will cause a complete havoc with the delicate balance of personal laws and accepted societal values.

In an affidavit filed before the apex court, the government submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country.

What is same-sex marriage?

Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. The first same-sex couple to be married legally in modern times were Michael McConnell and Jack Baker in 1971 in the United States; they were married in the county of Hennepin County, Minnesota.

The US, the United Kingdom, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan and Uruguay are among countries where same-sex marriage is legal.