Same Sex Marriage| There Are Two Views On Whether Sexual Orientation Is Innate: Centre To Apex Court
While opposing the pleas seeking recognition of same-sex marriage before the Constitution Bench, the Solicitor General Tushar Mehta representing the Union of India told the Apex Court that there are two views on whether sexual orientation is innate.
This happened after Chief Justice DY Chandrachud asserted that sexual orientation is not a matter of choice but is innate.
While making his submission that the arguments of the petitioners may be used in future to seek legalization of incestuous marriages, the SG submitted that individuals have a right to "choose" their sexual orientation.
"No no, not right to choose sexual orientation. They say sexual orientation is given to me", the CJI immediately responded.
"I am autonomous by virtue of my sexual orientation. Sexual orientation is not a matter of choice but a matter of immutable features", the CJI added.
The SG then responded by saying that there are two views on whether sexual orientation is innate or not and that he does not want to enter that debate at this stage.
"There are two different schools of thought. One says it is acquirable also. Another says it is innate, inbuilt when a person is born. Let's not go into that. I am slightly on a different point", Tushar Mehta submitted.
The petitioners have strongly argued that sexual orientation is innate and that it is injustice to discriminate against someone on the basis of something as innate as sexual orientation.
Though there are many scientific studies which suggest that sexual orientation is innate. However, there are studies which suggest otherwise also.
Today, the sixth day of the Supreme Court Constitution Bench hearing matters seeking the legalization of same-sex marriages, the Court said that the challenge to notice provision in the Special Marriage Act, 1954, if is a standalone prayer, then the matter can go to a 2-judge Bench separately.