European Union top lawyer says Romania must accept gay partners

Gay couple's joy after ECJ advisor backs bid for Romania marriage recognition

Gay couple's joy after ECJ advisor backs bid for Romania marriage recognition

Married same-sex couples should have the same right to freedom of movement as straight spouses, a senior adviser to the European Court of Justice has said. The case was eventually referred to the ECJ, which determined that "spouse" is gender-neutral and includes same-sex partners.

One of the EU's most senior legal advisers has said that same-sex partners of European Union citizens enjoy the same free movement rights as partners of a different gender.

Combined, they could soon require each of the EU's 28 member nations to extend the rights and benefits of marriage equality to LGBTQ people across Europe - European Union gay marriage right would be enormous deal affecting untold hundreds of thousands of people.

Wathelet arrived on a one-day official visit to Bosnia and Herzegovina for a series of meetings with the country's

He noted that "the directive makes no reference to member state law in order to determine the nature of "spouse", even though that concept must be interpreted autonomously and uniformly throughout the EU".

European Court of Justice Advocate General Melchior Wathelet said the key legal issue in the case of Romanian Adrian Coman and his American husband, Claibourn Robert Hamilton, was "not that of legalization of marriage between persons of the same sex but that of freedom of movement of a Union citizen".

Accordingly, such a person may also reside on a permanent basis in the territory of the Member State in which his or her spouse is established as an European Union citizen after exercising his or her freedom of movement. "The European Union protects our rights".

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He noted that "same-sex marriage will be possible in Austria too", by this time next year.

Romania prohibits marriage between people of the same sex. In addition to Romania, other E.U. countries that have no legislation recognizing same-sex unions or marriages include Poland, Lithuania, Latvia, Slovakia, and Bulgaria. In fact, this kind of marriage is now recognized in all continents. "It shows the Romanian authorities were wrong to refuse to treat us as a family".

Earlier in the opinion, Wathelet focus on one of the less traditional aspects of Coman and Hamilton's relationship.

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The Alliance of Romanian Families and the Coalition for Family, two conservative Christian groups which oppose same-sex marriage didn't immediately respond to requests asking for comment on the development.

"We are overjoyed", Hamilton said in a written statement. "In a globalized world, it is not unusual for a couple one of whom works overseas not to share the same accommodation for longer or shorter periods owing to the distance between the two countries, the accessibility of means of transport, the employment of the other spouse or the children's education". The couple lives in NY.

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