Assam, Andhra Pradesh and Rajasthan have opposed the legalisation of same-sex marriage in India, Bar and Bench reported on Wednesday.
Four other states – Maharashtra, Uttar Pradesh, Manipur and Sikkim – said they will need more time to examine the issue.
The states expressed their views in reply to a letter issued by the Centre on April 18, seeking their opinion on the same-sex marriage case before the Supreme Court.
A bench headed by Chief Justice of India DY Chandrachud is hearing a batch of petitions seeking to legalise same-sex marriages. The Union government has opposed the petitions and urged the court to let Parliament decide on the subject.
The Narendra Modi government has argued in the court that same-sex marriages are not compatible with the Indian idea of family and that the demands for their legal recognition represent “urban elitist views for the purpose of social acceptance”. The government has also contended that making laws on marriage was the prerogative of the legislature and the judiciary should not intervene in the matter.
In its reply, Andhra Pradesh informed the court that it held consultations with the heads of various religions in the state and all of them opposed the idea of legalisation of same-sex marriages, according to Bar and Bench.
Assam contended that recognising same-sex marriage will be seen as a challenge to the validity of laws related to 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,” it said. “The legal understanding of marriage has been that of an agreement or a contract between two persons of opposite genders.”
The state also said the subjects related to marriage, divorce and ancillary are under the domain of the state legislature. It further opposed the views taken by the petitioners in the case and sought more time to place their opinion.
Meanwhile, Rajasthan told the Centre that same-sex marriages will create an imbalance in the social fabric and have far-reaching consequences on the family system, reported Bar and Bench. It also said that the public opinion was against it.
“If public opinion was in favour of same-sex marriages, the same would have been addressed by the state legislature,” the Rajasthan government said, reported Bar and Bench.
It, however, added that it does not oppose homosexual persons living together.