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

West Ham already looking to cut ties with Chicharito
West Ham have had an opening bid of £5 million for Bournemouth midfielder Harry Arter turned down. The arrival of David Moyes saw Hernandez link back up with his former manager at Old Trafford.

Long-Term Govt Bond Vanguard (VGLT): Following the Numbers
MA's can be calculated for any time period, but two very popular time frames are the 50-day and 200-day moving averages. A value of 50-75 would identify a very strong trend, and a value of 75-100 would lead to an extremely strong trend.

Elderly Couple Who Said They'd Give Weed as Christmas Gifts Arrested Again
Paul Vrbka told the News-Times that Barbara Jiron was cited but was not jailed at that time "due to some medical issues". The elderly parents of a Vermont prosecutor caught in a massive drug bust before Christmas have been arrested again.

Top Resources for NAHQ CPHQ Exam
This is why it is highly crucial that you go through the exam content outline or exam objectives before you start your study. You don’t need to buy these guides; having one of them is enough to give you all you need to prepare for your test.

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 .

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.

Manila all set for bigger Black Nazarene feast
Hernando Coronel of the Minor Basilica of the Black Nazarene discusses the route of the Traslacion at a news briefing. It will cover a 500-metre radius from the procession route, the Quirino Grandstand and Quiapo Church.

Online Casinos that Accept UK Players
Since the UK has grown to become a thriving gambling market, numerous gaming destinations have popped up that provide the service. Since the UK is regarded as the online gaming hub of the world, gamblers in the region are in no short supply of casino options.

© 2015 ExpressNewsline. All Rights reserved.