Andhra Pradesh, Assam, Rajasthan Oppose Legal Validity Of Same-Sex Marriage

Andhra Pradesh said it consulted with head of various religions while Assam said recognition of same-sex marriage challenges validity of laws. Rajasthan said it will create imbalance

Andhra Pradesh, Assam, and Rajasthan have opposed to same-sex marriage in the country/Representational Image

Source : Getty Images

States of Andhra Pradesh, Assam, and Rajasthan have opposed the legalisation of same-sex marriage in the country. As per a report by Bar and Bench, the states submitted their reply to a letter issued by the Centre on April 18 inviting comments from all states regarding the issues raised in the same-sex marriage case before the Supreme Court.

Andhra Pradesh said it submitted its reply after consulting the heads of various religions in the state, all of whom opposed the idea of same-sex marriages being granted legal recognition. Accordingly the state said that it was against the same-sex marriage and/or persons belonging to the LGBTQIA+ community, as per the report. 

Opposing same-sex marriage in Assam, the state government stated that the recognition of marriage of such couples and LGBTQIA+ community challenges the validity of laws concerning marriage and personal laws enforced in the state.

In Assam government’s view 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 aso said that the legislation is the prerogative of the legislature, both at the Centre and in the States, the state said, emphasising that the courts should view matters related to legislation in accordance with the core principles of our democratic structure.

In its letter, the Assam government said that the 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.

The state of Rajasthan also opposed legalisation of same-sex marriage citing a report by the Department of Social Justice and Empowerment, Rajasthan said that same-sex marriages will create imbalance in the social fabric, leading to far reaching consequences for the social and family system.

The state also 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, the State said, as per the report.

Meanwhile, governments of Maharashtra, Uttar Pradesh, Manipur, and Sikkim sought more time to furnish their views.