Readers will no doubt remember the outcome of Schalk and Kopf v Austria [2010] ECHR 1996, in which the ECtHR ruled that there was no right under the Convention for same-sex couples to marry. It held that, in the absence of same-sex marriage in Austria, the possibility of entering a registered partnership satisfied the requirements of Article 12 ECHR (right to marry and found a family).
The Constitutional Court of Austria [Verfassungsgerichtshof] has just taken precisely the opposite view. Continue reading