7 Art. 6 GG: Marriage and Family

Abstract

This chapter deals with Art. 6 of the Grundgesetz (GG), which guarantees protection for marriage and the family. Art. 6 GG protects marriage and the family from state interference, and also creates a special principle of equality. Paragraphs 4 and 5 create constitutional rights for mothers and children born outside of marriage. The chapter first considers the jurisprudence of the Federal Constitutional Court concerning the scope of protection for marriage and the family, including issues concerning discrimination against same-sex relationships, freedom to marry, marital cohabitation, the right to divorce, and the right to spousal maintenance. It then examines the constitutional rights of parents and the social rights of mothers before concluding with an analysis of the social rights of children born outside of marriage.