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Marriage is a successful institution and it makes sense to open it to as many people as possible. Th e issue of same-sex marriage sparked emotional and political clashes between supporters and opponents. Denial of marriage rights to same-sex people can be seen as a kind of discrimination. Th is paper explores legal recognition of same-sex marriages. It thereby focuses on the role of Constitutional (Supreme) Courts engaging with the legal arguments over same-sex relationship recognition and marriage. It highlights the eff ects of policy evolution towards same-sex marriage as well as society's attitudes. Th e paper examines the role of referendum held in fi ve European states (Croatia, Slovakia, Ireland, Slovenia and Romania) devoted to (in general) same-sex marriage. It discusses the results of referendums and voters' choice.
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Elżbieta Kużelewska (2019) studied this question.
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