ECtHR Finds No Right to Same Sex Marriage: Will U.S. Courts Follow Their Lead?
Marko Milanovic over at EJIL Talk! has a nice discussion of a recent European Court of Human Rights Chamber decision (Schalk and Kopf v. Austria, no. 30141/04) finding that denying same-sex couples the right to marry does not violate a member state’s obligation under the European Convention of Human Rights. The analysis is complicated, but one part of it is striking to an American constitutional lawyer, since it rejects the claim that Austria’s refusal to register a same-sex marriage violates the Convention’s equality guarantees. Although it is not exactly analogous, its analysis is roughly comparable to a U.S. court undertaking equal protection analysis. Will the U.S. courts now considering the equal protection claim against California’s Proposition 8 cite Schalk and Kopf?