ECJ: Same-sex spouses of EU citizens have right to residency
Rebecca Staudenmaier
June 5, 2018
The European Court of Justice ruled that member states cannot refuse residency to non-EU spouses of EU citizens. However, the court's decision still allows states to decide whether to legalize gay marriage.
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The European Court of Justice (ECJ) ruled in favor of a Romanian man and his US-American husband on Tuesday, saying EU states cannot refuse residence permits for same-sex, non-EU spouses.
The court's decision is likely to ruffle the feathers of several EU member states, particularly in eastern Europe, where same-sex marriage is not allowed.
How did the court rule?
By not granting residency to an EU citizen's same-sex spouse, member states interfere with that citizen's right to move freely in the bloc.
The term "spouse" in the bloc's freedom of movement directive is gender neutral, meaning it applies to same-sex spouses of EU citizens, as well.
EU member states are still free to decide whether or not to legalize gay marriage.
Ecuador became the latest country to allow same-sex marriage when its Constitutional Court ruled for two gay couples in June 2019. DW takes a look at some of the other countries that have taken the step.
Image: picture-alliance/ZUMA Wire/O. Messinger
2001, The Netherlands
The Netherlands was the first country in the world to permit same-sex marriages after the Dutch parliament voted for legalization in 2000. The mayor of Amsterdam, Job Cohen, wedded the first four same-sex couples at midnight on April 1, 2001 when the legislation came into effect. The new law also allowed same-sex couples to adopt children.
Image: picture-alliance/dpa/ANP/M. Antonisse
2003, Belgium
The Netherlands' neighbor, Belgium, followed the Dutch lead and legalized same-sex marriage two years later. The law gave same-sex partners many of the rights of their heterosexual counterparts. But unlike the Dutch, the Belgians did not initially allow same-sex couples to adopt children. The Belgian parliament passed a bill granting them that right three years later.
Image: picture-alliance/dpa/EPA/J. Warnand
2010, Argentina
Argentina became the first Latin American country to legalize same-sex marriages when its Senate voted 33 to 27 in favor of it in July 2010. Argentina thereby became the tenth country in the world to permit gay and lesbian marriages. The South American country was not the only one to do so in 2010. Earlier in the year, Portugal and Iceland also passed same-sex marriage legislation.
Image: picture-alliance/dpa/EPA/L. La Valle
2012, Denmark
Denmark's parliament overwhelmingly voted in favor of legalization in June 2012. The small Scandinavian country had made headlines before when it was the first country in the world to recognize civil partnerships for gay and lesbian couples in 1989. Same-sex couples had also enjoyed the right to adopt children since 2009.
Image: picture-alliance/CITYPRESS 24/H. Lundquist
2013, New Zealand
New Zealand became the 15th country worldwide and the first Asia-Pacific country to allow gay and lesbian marriages in 2013. The first couples were married on August 19. Lynley Bendall (left) and Ally Wanik (right) were among them when they exchanged vows on board an Air New Zealand flight from Queenstown to Auckland. France legalized same-sex marriage the same year.
Image: picture-alliance/dpa/EPA/Air New Zealand
2015, Ireland
Ireland made headlines in May 2015 when it became the first country in the world to legalize same-sex marriage through a referendum. Thousands of people celebrated in the streets of Dublin as the results came in showing almost two-thirds of voters opting for the measure.
Image: picture-alliance/dpa/EPA/A. Crawley
2015, USA
The White House was alight in the colors of the rainbow flag on June 26, 2015. Earlier, the US Supreme Court ruled 5 to 4 that the constitution guaranteed marriage equality, a verdict that paved the way for same-sex couples to be married across the country. The decision came 12 years after the Supreme Court ruled that laws criminalizing gay sex were unconstitutional.
Germany became the fifteenth European country to legalize gay and lesbian marriages in June 30, 2017. The bill passed by 393 to 226 in the Bundestag, with four abstentions. German Chancellor Angela Merkel voted against the bill, but paved the way for its passage when she said her party would be allowed to vote freely on the measure only days before the vote took place.
Image: picture-alliance/ZUMA Wire/O. Messinger
2017 - 2018, Australia
Following a postal survey which showed the majority of Australians were in favor of same-sex marriage, the country's parliament passed a law to legalize it in December 2017. As couples in Australia have to give authorities one month's notice of their nuptials, many of the first weddings took place just after midnight on January 9, 2018 - including that of Craig Burns and Luke Sullivan, pictured.
Image: Getty Images/AFP/P. Hamilton
2019, Taiwan
In May 2019, the island state became the first country in Asia to legalize same-sex marriage. The government survived an attempt by conservative opposition to water down the bill. Gay couples are able to offically register their marriage from May 24 onwards. President Tsai Ing-wen called it "a big step towards true equality."
Image: dapd
2019, Ecuador
The Andean state's top court ruled 5-4 to allow two gay couples to marry in June. The decision followed a ruling from the Inter-American Court on Human Rights affirming that countries should allow same-sex couples the right to marry.
Image: picture-alliance/AP Photo/D. Ochoa
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Details of the case: The case concerned Romanian national Relu Adrian Coman and his US-American husband Robert Clabourn Hamilton. The two married in Brussels in 2010, where gay marriage is legal, and contacted authorities in Romania about securing Hamilton a residence permit. Romanian authorities said Hamilton was only allowed to stay for a maximum three months, as gay marriage is not legal in Romania or recognized. They argued that he couldn't be classified as a "spouse" of an EU citizen.
The couple challenged the issue in Romanian legal system, where it rose to Romania's constitutional court. The court then deferred to the ECJ, asking them to rule on whether Hamilton could be considered a "spouse" of an EU citizen.
What does this decision mean for the EU? Tuesday's ruling means that the bloc's currently 28-member states must grant residency permits to non-EU spouses of EU citizens — regardless of their sex. Until this point, the EU's freedom of movement directive primarily applied to heterosexual couples.
The decision stops short, however, of legalizing gay marriage in the European Union as the court said individual members must decide for themselves.
Hot button issue in Romania: Gay marriage and same-sex civil partnerships aren't currently legal in Romania, although the constitution defines marriage as a union between spouses. However, politicians in the country's ruling Social Democratic Party floated the idea of legalizing partnerships between same-sex couples in March. They're also considering holding a referendum in the fall on whether or not to define marriage as a union between a man and a woman in the constitution.
These stars have tied the same-sex knot
After Germany made a historic vote to legalize same-sex marriage, we look at the actors, musicians and celebrities who have already tied the knot with their same-sex partners.
Image: picture-alliance/dpa/R. Vennenbernd
David Furnish and Elton John
Elton John, right, and his longtime partner David Furnish embrace after their first wedding, a civil partnership ceremony in Windsor, England, in 2005. But in 2014, the couple - who have two sons - tied the knot for a second time following the legalization of same-sex marriage in Britain, which accorded them full marriage rights. "For this legislation to come through is joyous," said Sir Elton.
Image: picture-alliance/AP Photo/L. Pitarakis
Jodie Foster and Alexandra Hedison
When Oscar-winning actress Jodie Foster gave birth to two sons in 1998 and 2001, her partner was producer Cydney Bernard, the co-parent of her children. After that relationship ended, the very private Foster finally came out in 2013 and a year later tied the knot with actress and photographer Alexandra Hedison, former partner of Ellen DeGeneres.
Image: Imago/ZUMA Press
Ricky Martin and Jwan Yosef
While singer and actor Ricky Martin had not publicly revealed his sexuality until 2010, he is now engaged to Jwan Yosef, a Syrian-Swedish painter of Kurdish origin. Martin, whose family still lives in Puerto Rico, is planning a big international wedding in his home country - same-sex marriage has been legal in Puerto Rico since 2015 as it's a territory of the United States.
Image: Imago/ZUMA Press/A. Ruiz
Ellen deGeneres und Portia de Rossi
After coming out in 1997, the American comedian Ellen DeGeneres was shunned by the television industry until her award-winning talk show "Ellen" began in 2003. A year later, she began a relationship with Australian actress Portia de Rossi, and in 2008 the couple married in Los Angeles - which was possible after the California Supreme Court overturned the state's bans on same-sex marriage.
For five years the American actor Neil Patrick Harris and actor-chef David Burtka kept their engagement secret. But when same-sex marriage was recognized in New York in 2011, they tweeted their looming marriage joyfully to the world. Already the parents of twins Gideon and Harper, the actors married in Italy in 2014, after more than 10 years together - and wore tuxedos designed by Tom Ford.
Image: picture-alliance/dpa
Lauren Morelli and Samira Wiley
Samira Wiley, star of "Orange Is the New Black," and Lauren Morelli, a writer and producer of the same hit TV series set in a female prison, were married in March after getting engaged a year earlier. Wiley announced the engagement on Instagram, where she showed off her ring - more recently, she posted an image on the social media site that read: The Future is Queer.
Image: Imago/Independent Photo Agency
Michael Kors and Lance LePere
Fashion guru Michael Kors and longtime partner and colleague Lance LePere tied the knot in New York in 2011 at a private ceremony on a Southampton beach in the Hamptons. "To marry someone as wonderful and special to me as Lance barefoot on a glorious beach is more than I could have dreamed of," Kors said. It all became possible after New York legalized same-sex marriage that year.
Image: Imago/Future Image
Cynthia Nixon and Christine Marinoni
"Sex and the City" star Cynthia Nixon and fiancee Christine Marinoni, an education activist, were engaged at a New York rally demanding same-sex marriage rights in 2009. After these rights were granted two years later - the year Marinoni gave birth to their son - the couple were married in New York in 2012.
Image: Getty Images/Glashuette Orig/C. Bilan
Lance Bass and Michael Turchin
Lance Bass, former singer in boy band 'N Sync, and partner Michael Turchin became the first same-sex couple to get married live on American TV. The "Lance Loves Michael: The Lance Bass Wedding" special aired in 2015, two years after the couple were engaged.
Image: Imago/ZUMA Press/Admedia
Miriam Meckel and Anne Will
The well-known German TV presenter and television journalist Anne Will had already been with the communications expert Miriam Meckel for many years before making the relationship public in 2007. Since August 2016, the two have lived in a registered civil partnership, but with the impending change of law in Germany they could soon consummate their union with marriage.