The resolution follows a European Court of Justice ruling. The European Commission should take enforcement actions against Poland, Hungary and Romania, the three E.U. member states where same-sex marriage isn’t legal yet.
On September 14, the European Parliament decided that same-sex marriages and partnerships should be recognized across the European Union members.
The resolution on LGBTIQ persons in the E.U. was adopted with 387 votes in favour, 161 against and 123 abstentions.
The European Parliament press release mentions it follows a decision of the European Court of Justice on the Coman & Hamilton case. It ruled that the term “spouses“, beneficiaries of the Free Movement Directive, the right to move and reside freely in the European Union, also applied to same-sex couples.
Relu Coman is a Romanian-American citizen who met Robert Hamilton, an American, in New York in 2002 where they lived together from 2005 to 2009. Mr Coman then moved to Belgium for work and the couple got married in Brussels in 2010. However, in 2013, Romania refused to grant Mr Hamilton a right of residence of more than three months in Romania because the country’s Civil code didn’t recognize same-sex marriage.
Poland, Hungary and Romania Breach European Union values
But in 2018, the European Court ruled that a member state couldn’t refuse a right of residence on the ground that the member state law does not recognize marriage between persons of the same sex. Romania’s Constitutional Court followed the European Court’s decision.
To date, Poland, Hungary and Romania are the three member states who didn’t legalize same-sex marriages. The parliament considers they breach E.U. values and expect the Commission, the Union’s executive branch, to take action.
According to Adevarul, a Romanian newspaper, 18 members of parliament from Romania opposed the resolution, while 8 voted for it, 6 abstained and 2 were absent.
Members of parliament “argue that families should be treated the same across the E.U.” and take note of “the discrimination faced by the LGBTIQ communities in Poland and Hungary“.
The parliament calls for infringement procedures, judicial measures and budgetary tools against these countries.
The resolution also urges member states to accept the adults mentioned in a child’s birth certificate as their legal parents.
- Same-sex marriages and partnerships should be recognised across the EU, European Parliament, September 2021, Free access
- JUDGMENT OF THE COURT (Grand Chamber), InfoCuria, 2018, Free access
- Cum au votat europarlamentarii români rezoluţia care susţine căsătoriile între persoane de acelaşi sex în toate ţările UE, Adevarul, September 2021, Free access