The prospects of legal recognition of same‐sex marriage in Germany

Abstract

PurposeThe purpose of this paper is to assess the likelihood of successfully introducing constitutional changes to the definition of marriage in Germany.Design/methodology/approachThe paper examines the values underpinning the German constitution through academic writing and case law.FindingsFundamental change is unlikely to occur in the foreseeable future, despite EU case law.Research limitations/implicationsIncremental changes have taken place in all countries. These have begun in the workplace and spread to more fundamental areas such as challenges to marriage definitions in many countries. In a conservative country such as Germany the fact that even the highest constitutional court has come close to opening the door to change can be interpreted to mean the wait will not be too long.Originality/valueThe paper provides a comparative analysis that will highlight the types of arguments that have been successfully pushed through the courts as well as persuading political actors to enact positive legislation.