@article{2017:tometten:die_ehe_f,
title = {Die Ehe für alle als Ausfluss der Menschenwürde. Anmerkungen zum Urteil des Verfassungsgerichtshofs von Kolumbien},
year = {2017},
note = {On April 28th, 2016, the Constitutional Court of Colombia decided that
same-sex couples have a constitutional right to marry. This decision
draws on the jurisprudence of courts in other countries which have
decided, since 2002, that excluding same-sex couples from the
institution of marriage cannot be reconciled with the right to
equality and other fundamental rights guaranteed in their national
constitutions. Following recent court decisions in the United States
of America, Mexico and Brazil, the Colombian decision is another
milestone in the struggle of gays and lesbians for human rights and
equal treatment. As such, it is of great interest for the debate on
marriage equality in Germany and other liberal democracies where legal
provisions still exclude same-sex couples from marriage. Since 2001,
same-sex couples in Germany may form a civil union in terms of the
Civil Union Act, the constitutionality of which was confirmed in a
decision of the Federal Constitutional Court of July 17th, 2002. Since
then, the Court has developed a comprehensive jurisprudence on equal
treatment of marriage and civil union. In six decisions as of now, the
Court decided that there is no objective reason to treat marriage and
civil unions differently, for instance in fiscal matters. The
Constitutional Court of Colombia has taken the same approach in a
number of cases and has now extended this reasoning to the right to
marry as such.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {75--84},
author = {Tometten, Christoph},
volume = {50},
number = {1}
}