European court’s senior adviser is for equal rights


As a senior adviser to the European Court of Justice has said, spouses should be equal in rights, regardless of whether they are same-sex or opposite-sex. Romanian Adrian Coman, who tied the knot with his American partner, Claibourn Robert Hamilton, in Belgium in 2010 and even the European Court of Justice spoke in their support. Despite their legal marriage in a fellow European Union state, Romania is resisting the activist’s attempts to gain residency rights for his husband because this country does not recognize their spousal relationships. Belgian advocate general Melchior Wathelet encouraged all the EU countries to provide equal spousal rights because the word ‘spouse’ itself can mean both a husband and a wife, depending on a particular situation. “While Member States are free to provide for marriage between persons of the same sex in their domestic legal system or not, they must fulfil their obligations under the freedom of movement of EU citizens,” he ensured. Accordingly, such a person may also reside on a permanent basis in the territory of the Member State in which his or her spouse is established as an EU citizen after exercising his or her freedom of movement.


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