Had The Woman Been A Man… Comments On The Echr Ruling Of X And Others V. Austria On Homosexual Adoption And The Abandonment Of Natural Law.

Turtle Bay and Beyond: The Court establishes that the impossibility of second-parent adoption in a same-sex relationship is discriminatory when such adoption is possible for unmarried heterosexual couples, although the exclusion of the biological parent. The reasoning may be thus summarised: If the woman had been a man, the adoption would have been possible, so it must be possible in the name of non-discrimination according to sexual orientation while the woman is not a man.