SOGI Casebook chapters Archives: Marriage
B125/11 B138/11, Constitutional Court of Austria (12 December 2012)
Same-sex partners who have registered partnerships should be entitled to use the same ceremony as opposite-sex couples for marriage. Any difference in the treatment between marriage and registered partnerships can only be justified by particularly serious reasons. B 125/11, B 138/11, Constitutional Court of Austria (12 december 2012), (Full text of judgment in German, PDF)
Sentencia 581/2012, Supreme Court of Mexico (5 December 2012)
The Court struck down the gay marriage ban in the state of Oaxaca, holding that article 143 of the civil code was unconstitutional and amending it to marriage between two persons. Sentencia 581/2012, Supreme Court of Mexico (5 December 2012) (Full text of judgment in Spanish, DOC)
Sentencia 198/2012, Constitutional Court of Spain (6 November 2012)
Constitutional Court confirmed constitutionality of the law allowing same sex marriage by 8 votes in favor, 3 against and 1 no-vote. Sentencia 198/2012, Constitutional Court of Spain (6 November 2012), (Full text of judgment in Spanish, PDF)
Sentencia 1940/2012, Federal Family Tribunal, Uruguay (6 June 2012)
Same sex marriages celebrated abroad are recognized in Uruguay. Sentencia 1940/2012, Federal Family Tribunal, Uruguay (6 June 2012) (Full text of judgment in Spanish, PDF)
Sentenza 4184/2012, Court of Cassation, Italy (15 March 2012)
The Court held that the refusal to register a same-sex marriage that was performed abroad did not violate the right to marry. However, the Court recognized the existence of a right to family life and to live free as a couple and held that in specific situations same-sex couples should be treated the same way […]
K R O & L P v. Ministério Publico do Estado do Rio Grande do Sul, REsp 1183378 (RS), Superior Tribunal of Justice of Brazil (25 October 2011)
Procedural Posture A notary in Rio do Sul had denied the application to convert a stable same-sex union into a civil marriage. The denial was affirmed by the court of first instance and the Regional Tribunal of Justice. The parties then appealed to the Superior Tribunal of Justice, the highest court for non-constitutional issues. This […]