Setback for Fans of 'Homosexual Marriages'

The Court for Human Rights: Marriage between Homosexuals is not a public obligation.

Munich (kath.net) The European Court for Human Rights has decided on a complaint by two Austrian citizens, that states could not be forced to introduce gay marriage. This comes from a press conference of the Court on Thursday. Two homosexual men from Austria had complained, who were denied a civil marriage in 2002.

The Austrian administration had indicated, that a marriage can only be between a man and a woman. Then both men felt that their fundamental rights were injured and applied to the European Courts for Human Rights in Strassburg, (Klage Nr. 30141/04 vom 5. August 2004) to obliged Austria to a decision to marry them. This the Court refused to do. The States in Europe are not obliged to recognize marriages between homosexuals, said the judgement.

In the notice of the Court it reads: "THE EUROPEAN CONVENTION OF HUMAN RIGHTS DOES NOT OBLIGE STATES TO ENSURE THE RIGHT TO MARRY HOMOSEXUAL COUPLES".

The Court firmly established, that neither Article 12 (right to marry) nor Article 14 (law against discrimination) in connection with Article 8 (right to regard of private- and family life) is injured, if the right for homosexuals to marry is not broadened.

The decision, if the marriage only constitutes a bond between man and woman or on same-sex couples is deferred to the states. It is their decision, to judge the allowable limits for their society. The judge maintained clearly, hoever, that in states, in which the possibility for same-sex marriage exists, there is no obligation, to regard in every consideration such civil unions as marriages.

The judgement of seven judges in the assembled chamber, can be appealed for three months. If an appeal is entered and if the appeal will be reheard, the case will be brought before the high court which consists of 17 judges where the decision will be made.

With this court decision CSU-Politician Norbert Geis is resolved that his marriage and idea of faimly is not only in agreement with the basic law, but also in agreement with human rights. The SPD-Politician Klaus Wowereit had reprimanded Norbert Geis in November 2009 in a television appearance, that he has a reactionary conception of family and marriage. Geis sees that his idea of family and marriage, on the contrary, is in no way reactionary, he is of the opinion of the Courts: Geis is not only on the right side of constitutional law, but also on the side of the times and the right thinking case-law related to human rights.

For the governing mayor of Berlin, Wowereit has the current judgement still a further, immediate significance. The Berlin Senate had just a few days before decided on a bill for a federal initiative, which proposes to open marriage also to homosexuals.

Link to kathnet...