Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY-9
Singhvi: Second example was women should be barred from legal profession because of roughness of the profession. Also upheld. Therefore original intent- it is unelected judges who are masters of interpretations.
Singhvi (on interpretation): There were laws passed by legislature of USA. One law said that male people below and IQ of x must be sterilised because you shouldn't have a society of idiots. That law was upheld!
Singhvi: This case is about interpretation to apply an existing law in a non discriminatory fashion. There is no judicial legislation, no judicial surgery. Your lordships have done much more.
Singhvi: We're seeking a right to access this social institution of marriage on equal terms. The irony is that my learned friend accepts that this is a sanctified social institution, people must have access but not you and not on equal terms.
Singhvi: We not only seek a declaration of right to marry but a right to marry under the SMA by an interpretation of SMA which will allow the solemnisation of non heterosexual marriages.
Singhvi: Without this third head, you would recognise the same sex marriage but not equality. You would grant marriage but not equality.
Singhvi: The prayer for striking down the notice and objection regime of SMA is an essential and indivisible component of my prayer for marriage equality.
Singhvi: Thirdly, it doesn't require you to enter into any thicket of personal laws or other related laws.
Singhvi: Nor, it requires to have a new definition of marriage.
Singhvi: 2. The relief i seek is workable and neither requires this court to create a new social institution.