European Court of Justice advisors say gay spouses have equal rights

Share
European Court of Justice advisors say gay spouses have equal rights

"They can not hinder freedom of residence of a citizen of Union by denying grant to ir spouse, of same sex, national of a non-member State of Union, a right of permanent residence in ir territory", he says.

The finding involves the case of Romanian national Adrian Coman and his American partner, Clai Hamilton, who tied the knot in Brussels in 2010 but have since been denied the right to live in Romania together. The Romanian authorities said that Mr Hamilton could not be classified as a "spouse" because the country does not recognise same sex marriage.

ECJ Advocate General Melchior Wathelet said the term "spouse" included, under the freedom of residence of European Union citizens and their family members, spouses of the same sex.

He noted that "the directive makes no reference to member state law in order to determine the nature of "spouse", even though that concept must be interpreted autonomously and uniformly throughout the EU".

Concluding, he said: "In that context, the advocate general considers that, in view of the general evolution of the societies of the member states of the EU in the last decade in the area of authorisation of same-sex marriage. the term "marriage means a union between two persons of the opposite sex" can no longer be followed".

In fact, all member states of the European Union must, according to a new directive from the European Court of Justice, the highest court in the E.U. "The European Union protects our rights".

He noted that "same-sex marriage will be possible in Austria too", by this time next year.

If the ECJ does rule in the couple's favour it would pave the way for legal recognition of same-sex marriages to be expanded across Europe. Negative because country does not recognize homosexual marriage. We can hopefully now be closer to being recognised as a family.

Earlier in the opinion, Wathelet focus on one of the less traditional aspects of Coman and Hamilton's relationship. The couple, who met in NY in 2002 and are both 46, married in Belgium in 2010 after living together for four years in the US.

Wathelet said the pair should still be considered a family unit. They would have been compelled to do so had Mr Coman's partner been of the opposite sex. "The fact that the couple do not live together can not in itself have any effect on the existence of a proven stable relationship - which is the case - and, consequently, on the existence of a family life".

Share

Advertisement

Related Posts

Why Gambling Is Better than Sports Betting
Additionally, they can use these versions to practice various strategies to see which one will earn them the best winning chances. These versions give the gambler a chance to sift through the games to find the best one that resonates with their style.

Nancy Pelosi says bipartisan DACA deal "is possible"
Pelosi said, joking about the chain Five Guys. "It's not a question of who's there but who's not there". The Democratic Party has "great diversity" she went on to argue.

Hallelujah! A Scandal-HTGAWM Crossover Episode Is Happening
Are you excited about the #HowToGetAwayWithScandal crossover? How To Get Away With Murder is in its fourth season. Kerry shared a photo of herself on the HTGAWM set with the playful caption, "Hey Ms @violadavis ❤️ check it out".

Gore Verbinski No Longer Directing Gambit
Free Association's Tatum and Reid Carolin are producing the film with X-Men overseers Lauren Shuler Donner and Simon Kinberg. Gambit was last seen on-screen in the terrible X-Men Origins: Wolverine and was played by Taylor Kitch.

Justice is served as new Judge Dredd figure preorders are now open
Despite the hefty price tag of $799.99, there is a 15% discount available for customers who pay in full or opt into a payment plan.

3 Secrets of Innovation Development by Max Polyakov
Also, the investor should never forget that even the biggest amount of invested resources doesn’t guarantee a success. One of the recent examples is the mass closing of brick-and-mortar shops in the USA because of Amazon’s popularity.

How to work during a trip and all make it up?
In this article, we will share with you a few writing tips: Plan ahead Travel and constant movement exhaust our creative energy. And even better, if you set yourself as a rule not to leave your home until you do the basic business of the day.

Constellation Brands (STZ) Board Approves Share Repurchase Program
Analyst research firms are expressing bullish stance on Constellation Brands , Inc. (NYSE: STZ ) are $221.43 and $207.01. The stock of Ctrip.com International, Ltd. (NASDAQ:CTRP) has "Buy" rating given on Friday, November 25 by HSBC.

Roy Keane to leave too if Martin O'Neill joins Stoke
It means O'Neill doesn't need permission to talk to interested parties, nor would the FAI be entitled to any compensation. Should Keane not leave then Steve Walford, Steve Guppy and Seamus McDonagh are in contention for roles.

Samsung reveals when it will launch its Galaxy S9
However, Samsung has gave out a tentative time by which we will see the S9 - the Mobile World Congress at Barcelona this February. Samsung Galaxy S9 will have a 5.8-inch 2K SAMOLED display , while the bigger Galaxy S9+ will continue with a 6.2-inch screen .

© 2015 ExpressNewsline. All Rights reserved.