A Ruling from a Top EU Lawyer Could Give Same-Sex Spouses the Same Rights as Heterosexuals, Writes Jacquelyn MacLennan
In an op-ed for The Times' legal bulletin, The Brief, London- and Brussels-based White & Case partner Jacquelyn MacLennan writes about how a new opinion could lead to greater rights for same-sex couples in the EU. The opinion comes from Melchior Wathelet, the Court of Justice's advocate-general, in a case brought by a Romanian man and his husband—a US citizen. The couple attempted to move to Romania, but the US husband was refused residence.
The couple challenged this decision before the Romanian courts, with the support of ACCEPT, Romania's leading LGBT+ rights NGO. The Romanian Constitutional Court referred the case to the EU’s Court of Justice. The advocate-general opined that all EU member states must recognize same-sex marriage for the purposes of EU immigration law if a couple is legally married. The Court of Justice will hand down what is likely to be a landmark judgment in the Spring, which it is hoped will pave the way for same-sex married couples to benefit from EU free movement rights. Click here to read more (paywall).