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The prospects of legal recognition of same‐sex marriage in Germany

The prospects of legal recognition of same‐sex marriage in Germany Purpose – The purpose of this paper is to assess the likelihood of successfully introducing constitutional changes to the definition of marriage in Germany. Design/methodology/approach – The paper examines the values underpinning the German constitution through academic writing and case law. Findings – Fundamental change is unlikely to occur in the foreseeable future, despite EU case law. Research limitations/implications – Incremental changes have taken place in all countries. These have begun in the workplace and spread to more fundamental areas such as challenges to marriage definitions in many countries. In a conservative country such as Germany the fact that even the highest constitutional court has come close to opening the door to change can be interpreted to mean the wait will not be too long. Originality/value – The paper provides a comparative analysis that will highlight the types of arguments that have been successfully pushed through the courts as well as persuading political actors to enact positive legislation. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Equal Opportunities International Emerald Publishing

The prospects of legal recognition of same‐sex marriage in Germany

Jackie Jones
Equal Opportunities International , Volume 28 (3): 12 – Mar 27, 2009
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References (41)

Publisher
Emerald Publishing
Copyright
Copyright © 2009 Emerald Group Publishing Limited. All rights reserved.
ISSN
0261-0159
DOI
10.1108/02610150910947771
Publisher site
See Article on Publisher Site

Abstract

Purpose – The purpose of this paper is to assess the likelihood of successfully introducing constitutional changes to the definition of marriage in Germany. Design/methodology/approach – The paper examines the values underpinning the German constitution through academic writing and case law. Findings – Fundamental change is unlikely to occur in the foreseeable future, despite EU case law. Research limitations/implications – Incremental changes have taken place in all countries. These have begun in the workplace and spread to more fundamental areas such as challenges to marriage definitions in many countries. In a conservative country such as Germany the fact that even the highest constitutional court has come close to opening the door to change can be interpreted to mean the wait will not be too long. Originality/value – The paper provides a comparative analysis that will highlight the types of arguments that have been successfully pushed through the courts as well as persuading political actors to enact positive legislation.

Journal

Equal Opportunities International – Emerald Publishing

Published: Mar 27, 2009

Keywords: Sex and gender issues; Marriage; Civil and political rights; Germany; Constitutional law

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