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This article examines the influence of constitutional norms on family forms in Germany and Spain. Marriage, cohabitation, children and how same-sex unions fit in those three themes are looked at in both jurisdictions. While similar constitutional provisions are used by the German and Spanish legislators as a justification for recent developments in family forms, the results, as the article shows, are very different. Inclusion and exclusion of individuals can be achieved, constitutionally, within the same rights discourse.