Same-sex marriage, consensus, certainty and the European Court of Human Rights

Hamilton, F. ORCID: https://orcid.org/0000-0002-3638-913X (2018) Same-sex marriage, consensus, certainty and the European Court of Human Rights. European Human Rights Law Review, 1. pp. 33-45. ISSN 1361-1526

Abstract/Summary

Discusses reasons for the ECtHR's failure to recognise the right to same-sex marriage, including the wide margin of appreciation on the issue, and suggests possible reforms that might allow the court to find a consensus on the matter. Examines the need for the issue to balance relativism and universalism, case law on the lack of certainty over how consensus on the subject is determined, the proposed reforms and their potential advantages.