The states of Andhra Pradesh, Assam, and Rajasthan have opposed the legalization of same-sex marriage in India. The states submitted their response to a letter issued by the Centre on April 18, which invited comments from all states regarding the issues raised in the same-sex marriage case before the Supreme Court.
According to a report by Bar and Bench, Andhra Pradesh consulted the heads of various religions in the state, all of whom opposed the idea of same-sex marriages being granted legal recognition. The state said that it was against same-sex marriage and/or persons belonging to the LGBTQIA+ community.
Assam government stated that the recognition of the marriage of such couples and the LGBTQIA+ community challenges the validity of laws concerning marriage and personal laws enforced in the state. The matter calls for wide-ranging discussions on the various aspects of the institution of marriage as a social phenomenon, across cross-sections of societies, the legal understanding of marriage has been that of an agreement or a contract between two persons of opposite genders, stated the report.
The state emphasized that legislation is the prerogative of the legislature, both at the Centre and in the States, and the courts should view matters related to legislation by the core principles of our democratic structure.
In its letter, the Assam government said that marriage, divorce, and ancillary subjects fall under entry 5 of the Concurrent list of the Constitution and are in the domain of the state legislature. Rajasthan also opposed the legalization of same-sex marriage citing a report by the Department of Social Justice and Empowerment. The state said that same-sex marriages will create an imbalance in the social fabric, leading to far-reaching consequences for the social and family system.
The state made the decision after all the District Collectors in the state came to the view that there should not be a provision regarding same-sex marriages as the practice is not prevalent and is against public opinion, according to the report.
Meanwhile, the governments of Maharashtra, Uttar Pradesh, Manipur, and Sikkim sought more time to furnish their views. The case is currently being heard by the Supreme Court, which is expected to issue a ruling soon.
