Dr Alina Tryfonidou explores a landmark EU Court of Justice ruling which provides greater clarity and legal certainty for same-sex couples who get married in an EU member state, in a new post for The Conversation.
In an historic ruling for the rights of same-sex couples, the EU Court of Justice (ECJ) has held that for the purposes of EU free movement law, the notion of a “spouse” includes the same-sex spouse of an EU citizen.
The case was referred to the ECJ from the Romanian Constitutional Court which was confronted with a dispute between a couple, Adrian Coman, a Romanian national, and Claibourn Hamilton, a US national, and the Romanian authorities. After living for a number of years in Belgium, where the couple married, Coman wished to return to Romania with his spouse. But Hamilton was refused the right to reside in Romania as Coman’s husband, on the grounds that Romania does not recognise same-sex marriage.