In this day of US Courts following European Courts, here comes an interesting story from the European Court of Human Rights:
“The European Court of Human Rights has refused permission to appeal in a challenge to the ban on gay marriage in Austria. The effect of the decision is to make the court’s rejection of the same-sex couple’s claim final.”
(Me: The European Court of Human Rights is unwilling to impose same sex marriage upon reluctant member states of the EU. Will the Ninth Circuit show the same courtesy to U.S. States?)
“The decision means that the European Court of Human Rights will not force states to allow same-sex couples to marry…
Article 12 of the European Convention on Human Rights provides:
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
The court noted that the right is granted to “men and women“, and it includes the right to found a family. Whilst this could be interpreted as granting the right to two men or two women, the court observed that all other Convention rights are granted to “everyone”. As such, the choice of wording must have been deliberate. Moreover, the historical context of the 1950s when the Convention was drafted must also be considered, as in the 1950s “marriage was clearly understood in the traditional sense of being a union between partners of different sex“.
…the court was unpersuaded that social circumstances and attitudes had changed enough that same-sex marriage should be regarded as mandatory for states….The Court notes that there is no European consensus regarding same-sex marriage. At present no more than six out of forty-seven Convention States allow same-sex marriage.”
(Me: US Supreme Court Justice Anthony Kennedy is said to like international law, and to not like to be too far out ahead of public opinion. Hopefully, this decision will influence him).