A gay man from Romania currently sues to the European Court of Justice with the aim that his marriage with an American partner would be recognized in Romania. The thing is that Romanian Adrian Coman has married his American partner, Claibourn Robert Hamilton, in Belgium in 2010. Despite their marriage being legal in the USA, Romania does not recognize same-sex marriages and though, resists Adrian Coman’s attempts to gain residency rights for his partner in the country.
As far as it is known, thirteen European Union’s states recognize same-sex marriage and several more allow same-sex civil unions. However, Romania, Bulgaria, Slovakia, Slovenia, Poland, Lithuania and Latvia are being those countries, which fight back the marriage equality. Considering this fact and due to the Adrian Coman’s case, European Court of Justice will consider whether provisions in the Charter of Fundamental Rights of the European Union relating to freedom of movement grant rights to same-sex spouses. Alongside with that, it will consider whether “the term ‘spouse’… includes the same-sex spouse” in Mr Coman’s case. It will also consider whether EU law “requires the host Member State to confer the right of residence on the same-sex spouse of a citizen of the European Union”. If Romanian Adrian Coman wins the court, the judgment could require all states, which are members of the European Union, to grant legal recognition and residency rights to same-sex couples, who have been married elsewhere in the world. Such a landmark ruling would be a great challenge not only for Romania, but for all those EU states confronting same-sex marriage.