Dietz and Suttasom v. Austria - 31185/13 - Communicated [2015] ECHR 644 (29 May 2015)

The Constitutional Court held that the legislator is entitled to create different legal institutions for same-sex and different-sex couples and to assign different authorities for their conclusion, and is not obliged to confer identical rights or modalities to both institutions.

Citation: [2015] ECHR 644
Parties: Applicant: Walter Dietz; Applicant: Boontawee Suttasom; Respondent: Austria
Jurisdiction: European Union
Judgment Date: 29 May 2015
Procedural Posture: Application to European Court of Human Rights / Communicated Case, Pre Judgment
Outcome: Application communicated to the respondent government; no final judgment rendered.
Legal Topics: Discrimination, Sexual Orientation, Right to Family Life, Equality Before the Law

Human Rights Law Constitutional Law Family Law Discrimination Sexual Orientation Right to Family Life Equality Before the Law

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Parties

Walter Dietz

Applicant

Boontawee Suttasom

Applicant

Austria

Respondent

Procedural Posture

Application to European Court of Human Rights / Communicated Case, Pre Judgment

Legal Issues

1 Whether limiting civil marriage to different-sex couples and requiring same-sex couples to conclude registered partnerships before a different authority constitutes discrimination on grounds of sexual orientation under Article 14 in conjunction with Article 8 of the Convention

Ratio Decidendi

Court Disposition

Application communicated to the respondent government; no final judgment rendered.