The states of Assam, Andhra Pradesh, and Rajasthan have expressed their opposition to the legalization of same-sex marriage

Keywords: same-sex marriage, LGBTQA+, social justice

The legalization of same-sex marriages in India is being met with opposition from the states of Assam, Andhra Pradesh, and Rajasthan. In response to a letter of April 18th from the Central Government with regard to the issues raised in the same sex marriage case before the Supreme Court, Member States submitted their views and invited all states to submit comments.

Andhra Pradesh state officials have stated that they consulted with religious leaders from different faiths in the state, and all of them expressed opposition to the idea of legally recognizing same-sex marriages[1]. As a result, the state expressed its opposition to both same-sex marriage and individuals who identify as LGBTQIA+.

Assam state officials argued that legalizing same-sex marriage and recognizing the rights of LGBTQIA+ individuals would undermine the validity of marriage and personal laws currently enforced in the state.

In the opinion of the Government, while marriage is a social phenomenon that requires extensive debate and discussion on many different aspects in terms of its status within society, it has been found to be legally understood as an agreement or contract among two opposite sex couples.

Additionally, the state of Assam emphasized that the power to make laws belongs to the legislative bodies, both at the national and state levels. They further emphasized that matters related to legislation should be viewed by the courts in accordance with the fundamental principles of democracy[2].  In addition, the letter indicated that Article 5 of the Constitution’s concurrent provision covers marriage, divorce and other issues which are within the jurisdiction of a State legislature. Therefore, the government of Assam objected to the arguments put forward by the petitioner and requested that it be given time to consider them further.

According to Rajasthan state officials, a report from the Department of Social Justice and Empowerment in the state suggests that legalizing same-sex marriage would upset the social fabric and have significant consequences for both the family and social systems. In this regard, the government of Rajasthan sent letters to all District Collectors in the state to gather their opinions on the matter. The Collectors concluded that there should be no provision for legalizing same-sex marriage as it goes against public opinion and is not widely practiced.

In addition, it stated that the same would have been addressed by the legislature of the State if the public were in favour of it. Therefore, the state of Rajasthan expressed its opposition to same-sex marriage, but clarified that it does not view cohabitation between two individuals of the same sex as inherently wrong. The reply to the Centre’s letter was also sent by governments of Maharashtra, Uttar Pradesh, Manipur and Sikkim seeking additional time for their comments.

written by- Aditya a student of ILSR, GLA University, Mathura, 2^nd Semester, an intern under Legal Vidhiya

[1] BAR AND BENCH, https://www.barandbench.com/news/assam-andhra-pradesh-rajasthan-oppose-legalisation-same-sex-marriage (last visited on 10^th May, 2023).

[2] ibid.

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