European Court of Justice Rules “Spouse” Applies to Same-Sex Couples for EU Residence Directive (June 5, 2018) [1]
On June 5, 2018, the Court of Justice of the European Union ruled [3] in Relu Adrian Coman and Others v. Inspectoratul General pentru Imigrӑri and Others that the term “spouse” under EU law regarding freedom of residence must include spouses of the same sex. The case concerns a Romanian national who married an American national in Brussels and sought the right to reside within Romania for his husband based on the EU directive [4] on the exercise of freedom of movement, but was denied because Romania does not recognize marriage between persons of the same sex and he cannot be classified as a “spouse.” The Court reiterated [5] that member states may decide whether they allow marriage between persons of the same sex within their borders, but held that “they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory.” The Court went on to state that the obligation to recognize a same-sex marriage conducted in another member state for the purpose of granting a derived right of residence “does not undermine the institution of marriage in the first Member State,” nor does it “undermine the national identity or pose a threat to the public policy of the Member State concerned.”