In a case brought by two Austrian men, Schalk & Kopf v. Austria, the European Court of Human Rights has decided unanimously that Austria’s failure to permit same sex marriage is not a violation of Article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Court noted that “there is no European consensus regarding same-sex marriage.” It also noted difference between language in Article 12 of the European Convention and in Article 9 of the Charter of Fundamental Rights of the European Union regarding the right to marry.

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