The Supreme Court said there is no data to show same-sex marriages is an elitist concept, while picking holes in Centre’s contention that petitioners seeking same-sex marriage rights is a mere urban elitist views for the purpose of social acceptance. It stressed that the state cannot discriminate against an individual on the basis of a characteristic over which the person has no control, and something which is innate cannot have a class bias.The top court further added that incidentally, even if a couple is in a gay relationship or lesbian relationship, one of them can still adopt.Senior advocate Abhishek Manu Singhvi, representing some of the petitioners, submitted before a five-judge bench headed by Chief Justice of India D.Y. Chandrachud that a person’s sexual orientation is intrinsic, it is connected with their individuality and identity, and a classification which discriminates persons on their innate nature would be violative of their fundamental rights and cannot withstand the test of constitutional morality.At this juncture, the Chief Justice said: The state cannot discriminate against an individual on the basis of a characteristic over which the person has no control. Singhvi agreed and added, this is very simply put and that is also the essence.

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