Law · Legal Reasoning
Karan and Daniel are a same-sex couple. Under the SRA, surrogacy is restricted to legally married heterosexual couples, excluding them. They challenge the constitutional validity of the SRA, arguing that Article 15(1) protects against discrimination. Which of the following arguments best supports their claim in court based on constitutional interpretation standards?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1Surrogacy is restricted under the SRA to married couples, and only heterosexual couples can legally marry.
- 2The fundamental right against discrimination extends to grounds analogous to those explicitly enumerated, including sexual orientation.✓
- 3Discrimination on the basis of sex cannot be extended to include sexual orientation under any circumstance.
- 4The non-discrimination clause does not explicitly mention sexual orientation.
Correct answer
The fundamental right against discrimination extends to grounds analogous to those explicitly enumerated, including sexual orientation.
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