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EU court rules that same sex partners of EU citizens can't be denied residency

Ten of Swords · 2018-06-05 22:25:13

The European Court of Justice has made a landmark ruling this week. It states that the same sex spouse of an EU citizen can have residency in any EU state - even if that state does not recognize same sex marriage. This is the culmination of a 2 year legal action brought by married couple Adrian Coman (a Romanian citizen)…

05-06-2018 10:25pm

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Ten of Swords

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The European Court of Justice has made a landmark ruling this week. It states that the same sex spouse of an EU citizen can have residency in any EU state - even if that state does not recognize same sex marriage.

This is the culmination of a 2 year legal action brought by married couple Adrian Coman (a Romanian citizen) and Robert 'Clai' Hamilton (an American citizen) against the government of Romania. The couple married in Brussels in 2010 but Romanian authorities refused to recognize it and would not allow Robert Hamilton to remain in the country for longer than 3 months as they were not legally recognized as married by the authorities.

The ruling states that EU members must allow the right of residency for spouses even if the state does not recognize the marriage and that the term 'spouse' is gender neutral and therefore can apply to same sex marriages.

Although the member states have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory

BBC News

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