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Unpublished Paper
The Problem of Same-Sex Marriage, from a European Perspective
ExpressO (2012)
  • Javier Nanclares
Abstract
This article will analyze various legislative positions together with the significance of the decisions taken by different national courts and some international ones on the appeals on the dismissal sentences on the subject of access to same-sex marriage. In particular, it will analyze the position of the European Court of Human Rights, the supra-national body whose decisions affect the legislation of those Member States who have signed the Treaty, and whose jurisprudence may compel them to make legal reforms. It will examine the constitutionality of limiting matrimony to that celebrated between persons of different sexes, in view of the technical demands deriving from the non-discrimination principle, respect for the essential content of marriage and its institutional guarantee by the constitutions of some countries
Keywords
  • Same-sex marriage,
  • non-discrimination principle,
  • European Court of Human Rights,
  • Family life
Disciplines
Publication Date
March 16, 2012
Citation Information
Javier Nanclares. "The Problem of Same-Sex Marriage, from a European Perspective" ExpressO (2012)
Available at: http://works.bepress.com/javier_nanclares/1/