Justice Bhat: So one is a declaratory part, the second is the consequential part.
Justice Bhat: Because you had a large number of statutes which prohibited gay relationships or marriage, there were several state constitutions which enacted prohibitions - they were all outlawed.
Justice Bhat: It can only be used for the purpose of declaration. There is no legislative content to that.
Grover: This right of intimate association can be read into Article 21. Apart from privacy, autonomy, and dignity, this can also be read into Article 21.
Sr Adv Grover takes the bench through some judgements.
Grover: There are three issues coupled in one and it is encapsulated under Article 19(1)(c) and obviously it is subject to reasonable restrictions.
Grover: The idea is that you can form associations- cooperative societies to trade unions, which are larger groups and intimate unions of a romantic or marital nature- and that is a fundamental right in the US coupled with free speech.
Grover: This has been embraced in article 19(1)(c).
Grover: I will invoke the argument on intimate association of US based on the 14th, 19th, and 1st Amendment.
Grover: The second petition is interfaith - Christian and Hindu under the Special Marriage Act.