Same Sex Marriage / Marriage Equality- Supreme Court Hearing-LIVE UPDATES

Grover: In international law, discrimination is not based on classification. Article 1 of CEDAW for example is very relevant. What is our obligation under international law?

Grover: They have not come to terms with it. They're saying you can have sex but don't bring it in our realm of marriage.

Grover: Court cannot be a party to that. That would be a tragedy. Court would be perpetuating that stigma.

Grover: Apart from 11, 19(1)(c) gives the fundamental right to Association which is realised by marriage... despite the rhetoric of Naz and NALSA being historic, they stopped at that and this allows stigma.

Grover: The stigma which British laws attached to LGBTQIA community is persisting today and the failure to allow marriage allows that stigma to continue.

Grover: Your lordships have decided that sexual acts barred by 377 are not criminal. The logical thing would be to also agree to association.

Grover: Both of them tried to register marriage and they were denied. I am trying to ask a question- why is it that respondents feel that they shouldn't be allow to register a marriage?

Sr Adv Anand Grover: My two petitions are on FMA and other one is inter faith.

Luthra: Navtej has already discussed social morality. Constitutional morality is a higher principle. Social morality will have to align with constitutional morality.

Luthra: Comity of nation under Section 17(3) of FMA takes into account constitutional comity also. Constitutional comity as I said- 34 countries and Yogyakarta principles all come into play.