ECHR hearing on authorities refusal to allow same-sex couple to contract marriage

3 March 2010

The European Court of Human Rights held a Chamber hearing on Thursday 25 February 2010, on the admissibility and merits in the case of Schalk and Kopf v. Austria (application no. 30141/04).

The applicants, Horst Michael Schalk and Johann Franz Kopf, are Austrian nationals who were born in 1962 and 1960 respectively and live in Vienna. They are a same-sex couple and live together.

In September 2002 the applicants asked the competent authorities to allow them to contract marriage. Their request was refused by the Vienna Municipal Office on the grounds that marriage could only be contracted between two persons of opposite sex. The applicants appealed before the Vienna Regional Governor and the Constitutional Court. Their appeals were not successful.

The applicants have brought their case before the European Court of Human Rights, relying on Article 12 (right to marry) of the European Convention on Human Rights and also on Articles 8 (right to respect for private and family life) and 14 (prohibition of discrimination).

A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date.

Watch the webcast of the hearing here.

More information

European Court of Human Rights website