The free movement of the “spouse” does not know gender! History of a great sentence

Comments (0) POLITICS, World


The new italian minister to the “Family”, Lorenzo Fontana, will have to accept it because the Court of Justice of the European Union has effectively recognized same-sex marriages under the rules on the free movement of persons. Thus, the “Rainbow Families” exist. And as if they exist!

It all started after the appeal of a couple, a Romanian and an American. Things went more or less like this: Robert Clabourn Hamilton, an American citizen married to Romanian Relu Adrian Coman, had been denied by the Romanian authorities the request to stay more than three months because national legislation could not be qualified as «Spouse» of an EU citizen.

But Coman and Hamilton have brought before the Romanian courts an appeal to have them declare the existence of discrimination based on sexual orientation, as regards the exercise of the right of free movement in the Union.

At this point Curtea Constituionala had turned to the EU Court of Justice to find out whether Mr Hamilton was or not in the notion of “spouse” of a citizen of the Union who exercised his freedom of movement and thus had to obtain the granting of a right of permanent residence in Romania.

The response was not slow to arrive and the Luxembourg courts found that, “in the directive on the exercise of freedom of movement, the notion of” spouse “designating a person who is a member of another by marriage is neutral from the point of view of gender and can therefore include the spouse of the same sex “. In short, the concept of ‘spouse’, according to the provisions of EU law on the freedom of residence of citizens of the Union and their family members, includes spouses of the same sex. According to the EU Court, even if Member States are free to authorize same-sex marriage, they can not impede the freedom of residence of a Union citizen by refusing to grant their spouse of the same sex, a citizen of a non-EU country , a right of residence derived on their territory.

A historical sentence, not only for a country like Romania, which does not recognize and do not protect homosexual marriages, but for all the countries of the Schengen protocol.

However, we do not fall into clichés because if it is true that Romania is a conservative nation, as regards the rights of gay, lesbian, bisexual and transsexual citizens, it is also true that it has made significant progress in LGBT law, from 2000 to today. To the point that in 2006, it was nominated by Human Rights Watch as one of the five countries in the world that have made “exemplary progress in the fight against abuses of rights based on sexual orientation or gender identity”.

Romania has since 2006 expanded the penal code to criminalize incitement to hatred and harassment based on sexual orientation. Gender reassignment is allowed. Homosexuals can do military service, but it is not clear why, at present, the country does not allow homosexual people to donate blood.

Will it be to prevent the spread of viruses like AIDS? In 2018? Yet?

A question that leaves us perplexed.

But this question succumbs to the temptation to imagine that the minister Fontana, one day, see a free family parade formed by an Italian and a Nigerian, perhaps with children. Let me tell you, it would be too good. And if this Italian family should exist, please contact me!

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