Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY 8

Sibal: Minority opinions are protected from institutional discrimination. But they cannot demand as a right that they be accorded a status that shall only be conferred by legislature.

Sibal: Kindly look at my note now.

Sibal: All other issues qua Vishakha etc are procedural guidelines, not substantive law.

Sibal: Nobody can dispute the fact that they have a separate sexual identity. Even the government hasn't disputed it. Whether that has got acceptance or not is something which will be decided by another forum.

Sibal: Yes this is my suggestion.

Justice Bhat: Are you saying that you don't recognise what is sought but declare that they have a right to sexual identity? And rest is up to political process. This thing has to play out.

CJI DY Chandrachud: How does the court then deny the fact that you're entitled to a recognition of certain other rights which flow out of recognition.

Sibal: That's for the state to do.

Sibal: You should not make a declaration at this stage, allow this to incrementally expand these rights once you give that identity. That's very important.

CJI DY Chandrachud: The circular says that though you're entitled to adopt as a single person, merely by virtue of the fact that two of you are cohabiting, we'll deny.

Sibal: That's where you have to incrementally expand.

Sibal: What will happen is Ghaidan will happen.

Justice Kaul: See when those adoptions are taken place they are proceeding on a declaration that one of them is adopted.