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Swedish case solution

The Verdict from the Administrative Court

The court found the 14 September 2010 that the new Marriage act that permitted same-sex marriages and the law from 1972 were not “coherent”. The court found that it followed from the cases Parry v. UK and R. and F. v. UK that if same-sex marriages are permitted in a country it must be a breach of Article 8 to force persons with a new gender to divorce a partner of the same sex. The court set aside the 1972 Act and returned the case to the National Board of Health and ordered the board to try if the other requirements for determination of a new sex in the act were fulfilled.