A Step Closer to Same-Sex Marriage Throughout Europe



Sutherland EE (2011) A Step Closer to Same-Sex Marriage Throughout Europe. Edinburgh Law Review, 15 (1), pp. 97-102.

First paragraph: For family lawyers, legal recognition of same-sex relationships was the "great debate" of the later years of the twentieth century. The Netherlands led the way, in 2001, when it provided for same-sex marriage by the legislative route and a number of other countries followed suit. In other jurisdictions, the courts were used to secure same-sex marriage, with the Supreme Court of Canada and the Constitutional Court in South Africa providing shining examples of how courts can protect the equality rights of minorities using constitutional provisions and the like. Yet other jurisdictions adopted the compromise solution of creating a new form of relationship, the civil or registered partnership, carrying with it many or all of the legal consequences of marriage, but seeking to pacify (largely religious) opponents by avoiding the use of the magic word "marriage". That this compromise fails to deliver true equality is clear and the debate continues.

Edinburgh Law Review: Volume 15, Issue 1

Publication date31/01/2011
PublisherEdinburgh University Press

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Professor Elaine Sutherland

Professor Elaine Sutherland

Emeritus Professor, Law