Last week, a group of 54 international experts from 27 countries, including Dr Gregor Puppinck, Director of the European Center for Law and Justice (ECLJ), together with the Marriage and Family Law Research Project at Brigham Young University (Provo, USA) filed an amicus brief in the U.S. Supreme Court same-sex marriage cases.
The brief argues that the U.S. Supreme Court should take notice of the fact that same-sex marriage is a minority position worldwide–only 17 of 193 countries at the U.N. have adopted any form of same-sex marriage. Even more strikingly, only one national-level court or international tribunal of the 12 to consider the issue, Brazil’s, has found a fundamental right to same-sex marriage. The brief argues that decisions in the European Court of Human Rights, the U.N. Human Rights Committee, and national courts in 9 countries have demonstrated how courts that are otherwise protective of LGBT rights recognize that these should not be extended to include same-sex marriage. Courts have refused to mandate access of same-sex couples to traditional male-female marriage, recognizing that marriage laws reflect complex social, cultural, and religious views of this institution. Courts have refused to freeze the discussion on same-sex marriage, recognizing the importance of democratic involvement through the legislative process in establishing stable and lasting solutions.