Tehseen Poonawalla, a gay rights and social activist, besides being a supporter of the Congress party, on Tuesday said that irrespective of the Supreme Court's ruling on Section 377 of the Indian Penal Code, which criminalises sexual activities "against the order of nature", arguably including homosexual acts, he would plead with the Apex court to legalise gay marriage.
"Let the matter be listed for the Chief Justice for appropriate orders," the bench said.
The court rejected the petition as it found no merit in it.
The decision was immediately welcomed by gay rights activists across the country as it reopens the legal debate on homosexuality.
The apex court referred to a larger bench a plea seeking decriminalisation of gay sex between two consenting adults.
The state may have some power to put reasonable restriction, says the apex court.