Tuesday, June 5, 2018

ECJ Rules in Favor of Same-Sex Binational Couples

One day after the U.S. Supreme Court ruled narrowly in favor of a baker who refused to create a wedding cake to celebrate a same-sex marriage (ostensibly because the baker did not receive an unbiased hearing in the tribunal below), the European Court of Justice has ruled that the term "spouse" within the meaning of the EU law on freedom of residence for EU citizens and their family members must include same-sex spouses. Although EU member states have the freedom to decide whether to authorize same-sex marriage in their own jurisdictions, they may not obstruct the freedom of residence of an EU citizen by refusing to grant a derived right of residence for a same-sex spouse who is a national of a country that is not an EU member state.

The decision is Coman v. Inspectoratul General, N. C-673/16 (5 June 2018).



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