Strani pravni život (Jan 2024)

Same-sex marriage in European union countries: Comparative view

  • Nikolić Oliver P.

DOI
https://doi.org/10.56461/SPZ_24207KJ
Journal volume & issue
Vol. 68, no. 2
pp. 287 – 298

Abstract

Read online

This paper is focused on the same-sex marriage in the European Union countries exclusively from a comparative perspective, without going into other forms of same-sex partnership or jurisprudence before the European Court for Human and Minority Rights. In recent years, same-sex marriages have been the subject of significant debates within the European Union. Given that marriage law is the exclusive jurisdiction of the member states of the European Union, thus one can notice great differences in the definition of marriage, from country to country. While some countries such as the Netherlands, Belgium, and Spain recognized same-sex marriages at the beginning of the twenty-first century, other countries held referendums and changed their constitutions in order to make it more difficult to legalize such marriages. Cultural and religious conservatism, political opposition and long-term prejudices are the main obstacles in the legal recognition of same-sex marriage, above all in the countries of the former socialist system. The future of same-sex marriage rights in the European Union is promising, but remains uncertain. Although progress has been made in promoting marriage equality, significant challenges remain in achieving its full recognition and acceptance.

Keywords