The European Court of Justice (ECJ) has been advised by a senior court official that same-sex spouses should be recognised by every member of the EU, regardless of whether that country has legalised same-sex marriage or not.
Advocate General Melchior Wathelet said this week that the term "spouse" should be extended to same-sex partners, forcing countries that don't already permit same-sex marriages to recognise those married in EU countries.
One couple in particular has been delighted by this news. Claibourn Hamilton, an American, and Adrian Coman, a Romanian, married in Belgium in 2010, however, Romania has refused to grant Hamilton residency as it currently doesn't allow same-sex marriage.
If the ECJ rule in favour of Wathelet's opinion, Member States would not be forced to permit same-sex marriage, but they also would not be able to "impede the freedom of residence of an EU citizen by refusing to grant his or her spouse of the same sex a right of permanent residence in their territory". Although the ECJ are not bound by law to follow the Advocate General's opinions, historically they have tended to.
While Wathelet's opinion wasn't as wide-reaching as to demand all EU countries legalise same-sex marriage, it advocates for the "free movement of EU citizens", as well as the overhauling of the EU's definition of spouse to include same-sex couples.
In Wathelet's opinion, "the term 'spouse' within the meaning of the directive refers to a relationship based on marriage, while nevertheless being neutral as to the sex of the persons concerned, and indifferent as to the place where that marriage was contracted".
The Advocate General went on to say the defence of "protecting the traditional family cannot justify discrimination on grounds of sexual orientation".
Speaking to , Hamilton was energised by the opinion and hopeful it would have a positive impact on the ECJ saying, "I feel very happy about today’s developments".
"We can hopefully now be closer to being recognised as a family. I am grateful this is an opportunity that may lead to me finally one day residing in Romania with my husband."
