Marriage for all: possibilities, limits and questions from the perspective of the law of the Catholic Church, Germany and the Czech Republic
Möglichkeiten, Grenzen und Fragen aus der Sicht des Rechts der katholischen Kirche, Deutschlands und der Tschechischen Republik
DOI:
https://doi.org/10.5282/nomokanon/308Keywords:
same-sex partnerships, marriage for all, Civil Partnership Act (LPartG), Czech Civil Code No. 89/2012, Fiducia supplicansAbstract
The article begins by presenting the understanding of marriage in both codes of the Catholic Church, as well as Pope Francis’s position on same-sex unions. The author then outlines the development of the “marriage for all” institution in German law and compares it to the legal framework in the Czech Republic: while same-sex couples have been allowed to marry in Germany since October 1, 2017, marriage in the Czech Republic remains reserved for unions between a man and a woman. However, as of January 1, 2025, same-sex couples in the Czech Republic will be able to enter into a “partnership” with the same rights as marriage. The article concludes by summarizing the Fiducia supplicans declaration and addressing the controversies arising from it.