Luthra: Marriage is not a static concept. The moment we recognised that those of the LGBT+ community have right, they may be a minority but the majority cannot decide the rights of a minority.
Luthra: Being a social person, this is the oldest social institution. Marriage is an expansive evolutionary inclusive concept. At one time, inter racial marriages weren't recognised in the US. In India, inter caste marriages were not recognised.
Luthra: It is discrimination on grounds of sex- same way that in many parts of the world women were not given right to vote on basis of their sex. There is no distinction.
Luthra: They cannot be non married just because they're entering the soils of this country which upholds fundamental rights.
Luthra: They say how does it matter you can be in live in relationships. Live in relationships do not answer my status. My status as a person who is married has to be recognised if i have to get true equality.
Luthra: All matrimonial judgments because they deal with status of parties are judgement in rem.
Justice Bhat: Proviso to Section 4 says that if personal law or custom governing atleast one of the parties permits marriage between them...so the personal law comes here then.
Luthra: There are only two conditions - one, it should be in accordance with international law...
Justice Bhat: It mentions about prohibited degrees. Where do we get what is prohibited degrees?
Luthra: 2(a).
Luthra: Today 34 countries have accepted same sex marriage. The country in whose local law I have been recognised is there so I'm recognised in international law.
Luthra: We went to Washington to the marriage officer and got no answer. So we wrote an email and they told us that since you're a same sex couple, we are not registering your marriage.