EU Court Rules Gay Marriage Not a Right; Prohibiting Gay Adoption not Discrimination

Matthew Cullinan Hoffman : Mar 22, 2012
LifeSite News

The European Court of Human Rights exists to rule on cases that fall under the European Convention on Human Rights, to which 47 European states are party.

The European Court of Human Rights has ruled that the prohibition of adoption to non-married couples is not discriminatory, because it applies to both heterosexual and homosexual couples equally.

It has also ruled that homosexual "marriage" is not a right under the European Convention on Human Rights.

The decision effectively confirms the liceity under the same Convention of French law, which does not award the status of "marriage" to homosexual couples, and does not permit non-married couples to adopt children.

The Court also ruled that that there is no "indirect discrimination founded...on the impossibility of marriage," because article 12 of the European Convention on Human Rights "does not impose on the governments of the state parties the obligation to open marriage to a homosexual couple," adding that governments "enjoy a certain leeway in determining the exact nature" of legal recognitions of homosexual unions.

The ruling continues the mixed record of the Court on social issues. It has previously ruled that abortion is not a "human right," and has accepted Italy's practice of displaying crucifixes in public buildings. However, it has also ruled that suicide is a "human right," and has attempted to force homosexual inheritance rights on Poland and homosexual parades on Moscow. It has also ruled that Ireland's constitution permits abortion, an idea rejected by the Irish government.