On same-sex marriage, Centre wants states to weigh in, seeks views in 10 days

The Union government has written to all states seeking their views on the petitions seeking legal validation to marriage between same sex couples and/or persons belonging to the LGBTQIA+ community. The Centre said any decision on the matter requires an assessment of the ramifications on existing social customs, practices, values, norms, state rules, etc. The states have been asked to give their views in ten days. In a letter to chief secretaries on states, the Centre said, "It is important that a composite and cohesive view is presented before the Court incorporating the views of all State Governments for effective adjudication. The Union of India has requested the Court to implead all States as parties in the case. The prayer is under consideration of the Court."

"In the event of the Court not issuing notice to the State Governments, it will be expedient that you communicate your views to us for appropriate submissions by the Union of India before the Court. You may note that the matter is ongoing in the Court and arguments of the petitioners have commenced. Accordingly, I would request you to offer your views within a period of ten days so that the standpoint of the Union and State Governments are represented properly without delay," it said.

Centre urges Supreme Court to make states parties to proceedings 

During the hearing on Wednesday, Solicitor General Tushar Mehta, appearing for the Union government, requested a five-judge Constitution bench of the Supreme Court headed by Chief Justice DY Chandrachud to make states party to the proceedings.

"The Union of India, reiterates its request to join all states and Union Territories as a party to the present case, invite the views of the various states on the present issue, which clearly falls within their legislative domain and only thereafter, proceed to decide the question before the court," the affidavit said.

On November 25, the top court sought the Centre's response to separate petitions moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.