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SAME-SEX PARTNERS of EU citizens have the right to live in any member state whatever their nationality, even in countries that do not recognise gay marriage, the EU’s top court ruled today.
EU laws on freedom of movement extend to the non-European spouses of EU citizens and the European Court of Justice judgement means this also includes same-sex partners.
The decision, based on a case from Romania, risks further embittering relations between more socially tolerant member states to the west of the EU and conservative countries to the east.
The Luxembourg-based court recognised that EU member states “have the freedom whether or not to authorise marriage between persons of the same-sex”.
However, it added, “they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU member state, a derived right of residence in their territory.”
The court was ruling in the case of Romanian man Relu Coman and his American husband Robert Hamilton, who were married in Brussels in 2010 and two years later sought to move to Romania.
The Romanian authorities refused to give Hamilton permission to live in the country for more than three months on the grounds that he could not be classified as Coman’s spouse because the laws there do not recognise same-sex marriage.
The couple brought a case for discrimination on the basis of sexual orientation, arguing that Coman’s right to freedom of movement, guaranteed by EU law, had been curtailed by the restriction placed on his husband.
The case went to the Romanian Constitutional Court, which asked the ECJ whether under EU law Hamilton should be regarded as Coman’s spouse.
“In the directive on the exercise of freedom of movement, the term ‘spouse’, which refers to a person joined to another person by the bonds of marriage, is gender-neutral and may, therefore, cover the same-sex spouse of an EU citizen,” the ECJ said.
”Victory for equality”
EU member states are free to decide whether or not to allow same-sex marriage in their own territories, the court said, but refusing to recognise a union lawfully made in another EU country “may interfere with the exercise of that citizen’s right to move and reside freely”.
The court said the obligation to recognise same-sex marriages for the purpose of granting residence rights “does not undermine the national identity or pose a threat to the public policy” of the country involved.
“We can now look in the eyes of any public official in Romania and across the EU with certainty that our relationship is equally valuable and equally relevant, for the purpose of free movement within the EU,” Coman said in a statement released by ILGA-Europe, which campaigns for rights for gay, lesbian, bisexual and transgender people.
“We are grateful to the EU Court and to the many people and institutions who have supported us, and through us, other same-sex couples in a similar situation. It is human dignity that wins today.”
The Romanian courts will now have to rule on Coman and Hamilton’s case based on the ECJ judgment.
Evelyne Paradis, ILGA-Europe executive director, said Tuesday’s ruling was a victory for “equality, fairness and pragmatism”.
The court “has confirmed that rainbow families should be recognised equally in the eyes of the law on freedom of movement. Now we want to see the Romanian authorities move swiftly to make this judgment a reality,” Paradis said in a statement.
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Is there something I’m not getting here? She keeps saying she’s going to negotiate, and the EU keep saying that they’re not going to reopen negotiations. Genuine question, how’s that gonna work?
@Sean Murphy: It won’t but it’ll buy her a few more weeks to think of something else, she’s just running down the clock to the deadline and hoping minds are changed when faced with the cliff edge.
@Sean Murphy: missing nothing, political version of a “swing and a miss”.
@Sean Murphy: Even wierder than that, two weeks ago she herself was saying in Westminster that there is no scope to renegotiate. Unfortunately, people in Ireland cannot afford to laugh at this farsical state of affairs.
@Sean Murphy: she is placating the ERG who want her to do it. She will come back again humiliated then MPs will have to vote for either her deal or no deal BREXit.
Over here there are government ministers saying on Twitter if it comes to it we will prioritise meds over food for imports!
I’m Scottish, I live there now after 10 years in Ireland. I’m looking to move back ASAP. I just can’t believe my ex wife talked me out of getting Irish citizenship!
@Kevin Macdonald: hope that goes well for you pal, the scots are our closest ancestral nation.
Here are 7 options she could try to make the deal work:
1. Tell Arlene Foster to get stuffed.
2. Tell Sammy Wilson to get stuffed.
3. Tell Nigel Dodds to get stuffed.
4. Tell Jeffrey Donaldson to get stuffed.
5. Tell Boris Johnson to get stuffed.
6. Tell Jacob Rees-Mogg to get stuffed.
7. Tell all the rest of the Brexiteers to get stuffed.
@George Sheils: that’s a lot of turkeys to stuff!
The brits with their superiority complex are taking this to the wire in the firm belief that Johnny Foreigner needs them more than they need him and will crack at the last minute and give them what they want.
They remind me of the people who put up a post on their Facebook page that they reject Facebook’s terms and conditions… Equally style of thinking or lack of same.
If May goes back to the EU, I expect it to be very embarassing for her, the UK and parliament. It’s time to wake up, 59 days to go.
I just love seeing the auld empire brigade self destruct- yearning for times past and putting their foot on the head of its subjects but one has grown confident enough to say good bye and don’t forget to shut the door on the way out
Looks to be leading their beloved empire off a waterfall.i hope the EU remain firm as Britain implodes itself.feckin ejits
Either way they are not going to get the deal they want. The EU can’t afford to give out any more concessions as it will encourage other members to think about membership. The reality is that the EU has a stranglehold over all its members through trade agreements, regulations, financial penalties and treaties. You can leave but they’ll rip up apart before you do. Bastion of democracy.
@Windom Earle: Everyone has a choice in life, the UK is free to leave but please don’t expect the world to roll over for you its rather pathetic.
@Windom Earle: The UK is a member who signed all these agreements and treaties
Why doesn’t Ireland join the UK? Leave all the decision making to the English majority. Look at SNP’s (Scotland MPs) defeated by 288 votes with their amendment in Westminster today!! And to think the English moan about the EU being undemocratic … the UK is the most colonial political system on the planet. Michel Barnier negotiated the Irish backstop on behalf of the ROI (“Southern Ireland”) and now ROI holds the leverage over the UK, and they hate it!!
@David Jacobsen: eh how about cos the UK is a laughing stock for last two years?
@David Jacobsen: After watching their performance over the last two years, I wouldn’t trust them with my car, let alone our country.
Whats to say the EU won’t renegotiate when faced with the option of a no deal BREXIT? Or that the EU won’t throw us under the bus?
Looks like we’re going to get a brand new look at the Brady Bunch
The Brady amendment is a Trojan horse, the government is supporting it as a means of party management and smoke and mirrors by basically diffusing the situation by promising the backbenchers a chance for further input on Feb 13.. so basically it’s to stop all the other amendments gaining traction for a pocket full of promises that only help the clock tick down.
She will return from Brussels empty handed and civil war within the conservative party will ensue and the UK will be no nearer a deal, but have put any notion of there not being a no deal firmly to bed.
I think this vote shows the pathetic standard of British politics.
They may as well vote for a flat earth such is their disillusion.
A slow moving car-crash, awful to watch … no adults in charge, little/no collaboration, lack of vision around what’s actually good for the UK, lack of leadership in Tories and Labour, and the huge divide between pro-Brexit and Remain (within parties, in House of Commons and across UK) means narrative is unbelievably simplistic and deluded (‘firepower to renegotiate’, ‘chaos’ in EU, etc) … they’re marching closer to a hard exit, but don’t realise it themselves!!
Here comes the Bus and Leo is powerless to stop it. It’s all down to the EU now. Are they to be trusted? NO.
@Dave Doyle: this is a bit over your head.er me explain. The EU knows the threat of crash out will also be used in trade negotiations so they might as well call the EU bluff now and keep the backstop than have to call it later and have lost the backstop. EU and Ireland have been excellent in the negotiations, their consistency and respectfulness. Uncomfortable for a hurlers on the ditch who like to whinge on here I know.
I almost feel embarrassed for them, almost!
When will the realise it’s 1 vs 27 lol
Imagine a field sport with them odds.
Genuine GUBU
Applying business tactics to politics never seems to work I don’t know people keep trying.
They ARE a global joke now about being stupid.
The EU have got no cake,so UK.you cant have it,or eat it.
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