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IS THERE A HUMAN RIGHT TO MARRIAGE EQUALITY?

The claim of a right of marriage equality relates to the recognition of marriages between an adult couple, regardless of their sex, sexual orientation or gender identity. A global right of marriage equality is not yet recognisedrecognised in international law. The right to marriage itself is generally recognised as a right between men and women, which has accordingly been interpreted as a right for men to marry women and vice versa.

For trans and intersex people the debate over marriage equality does not just include their right to marry the partner of their choice, but also to do so as their lived gender (male, female, both male and female, neither male or female) of their choice.

It is arguable that a right of marriage equality should exist as part of the right of non-discrimination.

Certainly, marriage equality is recognised in an increasing number of jurisdictions, as well as a human right by an increasing number of courts.

Sex – Biological sex, being chromosomal, gonadal and anatomical characteristics.

Gender – A personal identity, related to social characteristics.

Sexual Orientation – An enduring pattern of romantic and/or sexual attraction to persons of the opposite gender, the same gender or to both genders.

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