In a blow to gay activists in the United Kingdom, the European Court of Human Rights has ruled that the Austrian government has no obligation to recognise the marriage of a gay couple.
Austrians Horst Schalk and Johann Kopf argued that the failure to recognise their marriage violated their human rights under article 12 (right to marry), article 14 (prohibition of discrimination), and article 8 (right to private and family life) of the European Convention on Human Rights.
While the Court acknowledged that the right to marry was not limited to "marriage between two persons of the opposite sex", it also held that the question whether or not to allow same-sex marriage should be left to the national laws of the Convention states. Since the national law of Austria does not currently recognise marriage between gay couples, Schalk and Kopf's Convention rights were not impacted.
Perhaps surprisingly, however, Clive Baldwin of Human Rights Watch writes in the Guardian that this represents a "hopeful message on same-sex marriage".
How so?
