Petition for Legal Recognition of Same-Sex Marriage Referred to the Constitution Bench: SC

In the matter before the Supreme Court (‘SC’), seeking legal recognition for same-sex marriages, the Central Government, stating that a marriage ultimately requires a union between two persons of the opposite sex, opposed providing legal recognition to same-sex marriage as it would have ramifications on other rights such as adoption etc. Therefore, this being a matter of policy, should be decided after obtaining opinions from people in the society by the legislature.

However, the 3-Judge bench of the SC observing: “We are of the view that it would be appropriate if the issues raised are resolved by the bench of five judges of this court with due regard to Article 145 (3) of the Constitution“, referred it to a constitutional bench.