European court advises EU countries to recognise same-sex marriages

by Tim Gibson (mygwork)

A senior advisor to the European Court of Justice has said that married same-sex couples should receive the same freedom of movement benefits as their straight counterparts. Marriage equality is still a contentious issue among many EU member states, with countries like Italy, Greece and Slovenia and a dozen others yet to budge on legalising. Belgian advocate general Melchior Wathelet gave his opinion after hearing the case of Romanian Adrian Oman and his American partner Claibourn Robert Hamilton who were married in Belgium in 2010. Despite their legal marriage in an EU state Romania is refusing to recognise them as a couple and grant residency rights for Hamilton.

Romania has a long and dubious history with LGBT rights. With Anti-gay US evangelicals coming into the country and pushing for a ban on same-sex marriage. The notion of a referendum is gaining traction, which, if passed, would make such unions constitutionally illegal.

Wathelet has said, however, that recognising gay unions and allowing residency is not an issue of same-sex marriage, but rather about freedom of movement. Countries within the EU are free to make their own laws regarding marriage, but must respect the rights of EU citizens. While not binding, advice from the European Courts are usually followed.

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