The Center used societal structure as evidence against same-sex unions, claiming that, on a normative level, society is made up of smaller family groups that are typically organized in a heterogeneous way.
The central government on Sunday (March 12) opposed pleas in Supreme Court seeking recognition of same-sex marriage. In its counter-affidavit in the Supreme Court, the Centre said decriminalisation of Section 377 IPC cannot give rise to a claim to seek recognition for same-sex marriage.
"Statutory recognition of marriage limited to heterosexual in nature is the norm throughout history and is foundational to both existence and continuance of the State," the Centre said.
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"Hence, considering its social value, the State has a compelling interest in granting recognition to Heterosexual Marriage only to the exclusion of other forms of marriage/unions," the counter-affidavit said.
"It is submitted that at this stage it is necessary to recognise that while there may be various other forms of marriages or unions or personal understandings of relationships between individuals in a society, the State limits the recognition to the heterosexual form," the Centre said.
"The State does not recognise these other forms of marriages or unions or personal understandings of relationships between individuals in a society but the same are not unlawful," it added.
The Center used societal structure as evidence against same-sex unions, claiming that, on a normative level, society is made up of smaller family groups that are typically organized in a heterogeneous way.
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"This organisation of the building block of society is premised on further continuance of the building blocks i.e. the family unit," it said.
While other forms of unions may exist in the society which would not be unlawful, it is open for a society to give legal recognition of the form of a union which a society considers to be a quintessential building block for its existence.
