European Gay Marriage Right ‘Only a Matter of Time’ –
Ludford
LONDON. June 28, 2010
–
While most gay and lesbian rights groups in Europe were disappointed
at last week’s European Court of Human Rights judgement by the Chamber
against a claim by an Austrian same-sex couple that the authorities’ refusal
to allow them to marry was a breach of their rights, Baroness Sarah Ludford
MEP said this morning that there was a prospect of a more liberal
interpretation in the future.
“The Strasbourg court’s ruling was
disappointing for this couple but held out great hope for the prospect of a
right to gay marriage,” admitted M. Ludford, Liberal Democrat European
Justice and Human Rights spokeswoman and London MEP.
“The Court came
remarkably close – a 4 to 3 vote – to siding with the applicants and made a
big step forward in recognising that ‘family’ includes a cohabiting same-sex
couple living in a stable partnership.”
“It was also notable
that the judges referred with apparent admiration to their ‘sister
convention’, the European Union’s own Charter of fundamental rights.
“This is more modern
The citing of the EU Charter heralds a fruitful and upwardly mobile
competition and cooperation between the two European human rights systems.
“I'm convinced that
it’s only a matter of time before European courts decide there is indeed a
right under European human rights law for same-sex couples to marry.”
Sarah Ludford is also
vice-chair of the Liberal Democrat LGBT group (DELGA) and is an active
member of the European Parliament’s lesbian and gay rights ‘intergroup’.
The judgement of the
case, [Horst Michael] Schalk and [Johann
Franz] Kopf v. Austria is
HERE.
It should be noted that the judgement by the Chamber of seven judges
is not yet final. Under ECHR rules, either party can apply for a
re-examination by the Grand Chamber.
Normally, a Chamber judgement becomes final within three months.