Marriage Equality and the German Federal Constitutional Court: the Time for Comparative Law

The enactment of marriage equality in Germany two weeks ago has sparked a constitutional debate that is taking place in Verfassungsblog like in many other media. There will probably be constitutional challenges to the introduction of marriage for same-sex couples in German law at the level of ordinary laws and without amendment of the German Basic Law, because many believe that a constitutional amendment would have been required. Hence, as it very often happens in Germany, the Federal Constitutional Court will very likely have to decide on the question. However, in the international scene of constitutional jurisdictions it will not need to break any ice.

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