Same Sex Marriage- Supreme Court Constitution Bench Hearing-DAY-2- LIVE UPDATES

Singhvi: For those who seek marriage, they seek it for a community and social validation of a relationship. And I can't agree more with Mr SG that just like heterosexuals deserve it, non heterosexuals also seek it and deserve it.

Singhvi: It is because marriage is a vital foundation, we the excluded class, wants to have all those index of marriage which follow a marriage.

Singhvi: The government of India is saying that you're liable of being excluded only because of ascriptive characteristics - involuntary, external, and not by choice.

Singhvi: The second aspect is that when the GOI in its various places in counter says for example "socially, culturally, and legally ingrained", it fails to really address that the SMA was created as an alternative to what you might call socially ingrained concepts of marriage

Singhvi: The implied exclusion of the entire LGBTQ class from SMA is based on a sole marker of identity - sex and sexual orientation.

Singhvi: These are three constitutional facets being practiced on ascriptive issues- those issues which are not taken by choice. Ascriptive characteristics are race, caste, ethnicity, national origin- here it would be sex or sexual orientation.

Singhvi: And to also make them treaty compliant in England. Then I'll come to reconciliation mentioned by Justice Bhat.

Singhvi: We'll first deal with the larger constitutional facets on non discrimination, dignity, and free speech. And then I'll give your lordships a very interesting development on the approach to interpretation to make things constitutionally compliant.

The bench has risen for lunch.

Singhvi: Decriminalization is a very small part. It doesn't give me any rights once I'm in the marriage.

CJI DY Chandrachud: We'll come back after lunch.