“The state cannot discriminate against a person for his/her sexual orientation which is innate to him/her and over which he/she has no control,” the five-judge bench led by CJI DY Chandrachud said as it continued hearing on the demand for legalising same-sex marriage and putting it on the same legal footing as heterosexual unions.“The state cannot discriminate against a person for his/her sexual orientation which is innate to him/her and over which he/she has no control,” the five-judge bench led by CJI DY Chandrachud said as it continued hearing on the demand for legalising same-sex marriage and putting it on the same legal footing as heterosexual unions.