The European Court of justice has moved to recognise freedom of movement for same-sex marriages.
Previously in countries like Romania, the right of freedom on movement for non-EU Citizens did not extend to those who were legally married if that country did not accept same-sex marriage. The move from the Court of Justice still allows countries like Romania to still refuse to accept same-sex Marriage but they can no longer prevent those partners from outside the EU freedom of movement.
EU laws on freedom of movement extend to the non-European spouses of EU citizens and the European Court of Justice judgement means this also includes same-sex partners.
The court of Justice based in Luxembourg accepted that EU member states “have the freedom whether or not to authorise marriage between persons of the same-sex”.
However, it added, “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.”
The court was ruling in the case of Romanian man Relu Coman and his American husband Robert Hamilton, who were married in Brussels in 2010 who then wished to move to Romania two years later who refused to recognise the marriage and allow freedom of movement.
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