Abstract
While some European states have long embraced marriage equality, others still provide no legal recognition for same-sex partnerships. Within this fragmented legal landscape, the European Court of Human Rights has emerged as a court of last resort for LGBT+ couples and as a key actor in defining the minimum standards of legal recognition across Europe. This role was notably reinforced in Fedotova and Others v. Russia (2021), where the Court, for the first time, articulated a clear positive obligation on states to provide legal recognition for same-sex couples.
Although Fedotova marks a breakthrough in the Court’s jurisprudence, it arguably constitutes yet another symbolic high point following years of stagnation – echoing the earlier Oliari-Fedotova cycle. But where is the Fedotova for marriage equality? Through doctrinal analysis of key case law on registered partnerships and marriage, this paper examines the extent to which the Court has advanced concrete, enforceable rights for same-sex couples, and argues that moving beyond its incremental approach is both necessary and overdue.