The Case for Same-Sex Marriage Before the European Court of Human Rights
Bibliographic Data
| ID | 7850840 |
|---|---|
| Authors | Frances Hamilton (0000-0002-3638-913X, Northumbria University, corresponding author) |
| Year | 2018 |
| Volume | 65 |
| Issue | 12 |
| Pages | 1582-1606 |
| Publication date | 2018-10-15 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Homosexuality (JOURNAL) |
| Journal identifiers | ISSN: 0091-8369 • E-ISSN: 1540-3602 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/00918369.2017.1380991 |
| PMID | 28949813 |
| OpenAlex | W2734720439 |
| Language | EN |
| Citations received | 2 |
| References cited | 34 |
For proponents of same-sex marriage, this essay sets forward a critical analysis of relevant arguments before the European Court of Human Rights. The privacy aspect of Article 8 European Convention of Human Rights will never be a successful argument with reference to marriage, which involves a public status. The equality argument (Article 14) is useful in addressing this issue with its close connections with citizenship, symbolic value, and proven record internationally. Difficulties remain with the equality argument; its conditional status, the width of the margin of appreciation allocated, and the need for an equality comparator. The equality argument needs reinforcement by use alongside a developing family law argument under Article 8 and a dynamically interpreted Article 12 (right to marry) argument. Ultimately, the success of any argument depends on convincingly influencing the European Court to consider that sufficient consensus has developed among Member States of the Council of Europe
Argument (complex analysis · Citizenship · Convention · Human rights · International human rights law · Law and economics · Margin of appreciation · Political science · Politics · Sociology · Discrimination and Equality Law · Judicial and Constitutional Studies · Law · Religious Freedom and Discrimination
Citizenship and Social Class
Two Concepts of the Margin of Appreciation
Steinfeld and Anor v Secretary of State for Education
Sexual Citizens
The Margin of Appreciation Doctrine and the Case-Law of the European Court of Human Rights on the Islamic Veil
Concepts of Family under EU Law - Lessons from the ECHR
Irreconcilable Differences? Article 8 ECHR and Irish Law on Non-Traditional Families
Marriage, Heteronormativity, and the European Court of Human Rights
The Right to a Privilege? Homonormativity and the Recognition of Same-Sex Couples in Europe
Strasbourg's Interpretive Ethic
Toward a General Margin of Appreciation Doctrine in International Law
Sexualities and the ECHR
Queer Legal History
Margins of Appreciation
A Defence of the Margin of Appreciation and an Argument for Its Application by the Human Rights Committee
What not to Wear
The Margin of Appreciation Doctrine in the European Court of Human Rights
Vanderbilt Journal of Transnational Law
An Essentially Private Manifestation of Human Personality
A Marriage by Any Other Name? Schalk and Kopf v Austria
Sexuality and International Human Rights Law
Sexuality and Citizenship
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,33 |
| Citation span | 2020 - 2025 (6) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 2 |