SOGI Casebook chapters Archives: Marriage
Acción de Inconstitucionalidad 2/2010, Mexican Supreme Court of Justice (10 August 2010)
Procedural Posture The Federal Attorney General challenged the constitutionality of a series of Civil Code amendments that permitted same-sex couples to marry and adopt children. Facts In December 2009 the legislature of the Federal District amended a series of articles of the Federal District’s Civil Code. Article 146, as amended, defined marriage in gender-neutral terms. […]
Perry v. Schwarzenegger (“Proposition 8”), United States District Court for the Northern District of California (4 August 2010)
Procedural Posture The plaintiffs, two same-sex couples, brought suit challenging Proposition 8 as a violation of due process (“liberty”) and equal protection under the 14th Amendment of the United States Constitution. The plaintiffs named as defendants the Governor and Attorney-General of California, but these parties either refused to defend the suit or acknowledged that Proposition […]
Sentenza 38/2010, Italian Constitutional Court (14 April 2010)
Procedural Posture The Venice Tribunal and the Trento Court of Appeal received two constitutional challenges to the Civil Code provisions relating to marriage. Having decided that the challenges were not manifestly ill-founded, the courts filed two separate motions to the Italian Constitutional Court, which the Court decided to examine together. Facts In one case, a […]
Re Marriage Case No. 33-1252, Moscow City Court, Russian Federation (21 January 2010)
Procedural Posture Cassation appeal. Issue Whether the registration of a same-sex marriage was possible under Russian legislation pertaining to marriages. Facts The Tver Civil Registry Department in Moscow refused to allow the plaintiffs to register a same-sex marriage. The Tver District Court of Moscow upheld the decision and the plaintiffs appealed to the Moscow City […]
Freyre Alejandro v. GCBA, Administrative Tribunal of First Instance No. 15 of the Federal Capital, Buenos Aires, Argentina (10 November 2009)
Procedural Posture After the plaintiffs’ application for a marriage licence was denied, they filed an amparo action before the Administrative Tribunal, challenging the constitutionality of Articles 172 and 188 of the City of Buenos Aires’ Civil Code. Facts The plaintiffs, two men, applied for a marriage licence but had their application rejected by the Registry […]
Acórdão N0. 359/2009, Processo N0. 779/07, 1a Secção, Tribunal Constitucional, Portugal (9 July 2009)
Procedural Posture The petitioners appealed a ruling of the Lisbon Court of Appeal, which had confirmed a lower court’s decision. Facts Denied the right to marry, a lesbian couple appealed to the Constitutional Court. Issue Whether denial of the right to marry violated constitutional rights. Domestic Law Constitution of Portugal, Articles 13 (non-discrimination) and 36 […]