Principles of Marriage Recognition Applied to Same-Sex Marriage Recognition in Switzerland and Europe

Abstract

INTRODUCTION|Marriage is an institution which in the codified tradition is seen as creating a legal status from which certain rights and obligations flow. It is part of the normative reality of a state, and in many states marriage is considered the prime institution for social regulation and control. Family law principles are therefore often regarded as a matter of a country's public policy. With the movement of people from one country to another, for temporary visits or permanent immigration, questions arise about the extent to which the new country will recognize the legal status, incidents, obligations and privileges afforded by the marriage laws of the former country of residence. The same questions arise in relation to the laws applying to alternative forms of relationships. Some countries in Europe have given at least some form of recognition to same-sex relations and to other forms of marriage-like unions not universally accepted by all nations...