The Challenges of Saying ‘I do’ for same-sex couples: The Human Rights Centre submits a Third Party Intervention in transnational same-sex marriage case

By Claire Poppelwell-Scevak (PhD Researcher at the Human Rights Centre, Ghent University) and Sarah Den Haese (PhD Researcher at the Human Rights Centre, Ghent University)

The Human Rights Centre of Ghent University[1] (Belgium) recently submitted a third party intervention (TPI) before the European Court of Human Rights in the communicated case of Szypuła v. Poland and Urbanik and Alonso Rodriguez v. Poland. The issue is the restrictive marriage eligibility measures in Poland that prevent Polish nationals who are in a same-sex relationship from enjoying their right to marry abroad in countries which allow for same-sex marriage (in these two cases, Spain). In our submission, we argue that this case raises important issues under the right to marry (Article 12 ECHR), taken alone and in conjunction with the prohibition of discrimination (Article 14 ECHR), providing the Court with an important opportunity to clarify the scope of the right to marry, specifically in a transnational context, of same-sex couples. Further, we invite the Court to clarify the obligations weighing on both of the member states concerned. An overview of the facts as well as a summary regarding our main arguments are provided hereunder.

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The CJEU’s judgment in Coman: a small step for the recognition of same-sex couples underlying European divides over LGBT rights

By Manon Beury, research assistant in Comparative Sexual Orientation Law, Leiden University

Following the eagerly-awaited judgment of the Court of Justice of the European Union (CJEU) in Coman and Others v. Romania, the Romanian Constitutional Court decided on 18 July 2018 that same-sex married couples have the right to reside in the country if one of the spouses is a Romanian citizen. The CJEU ruled on 5 June 2018 that the term “spouse”, for the purpose of granting a right of residence to non-EU citizens, includes same-sex spouses. The decision was hailed as a great victory for same sex couples. Yet, overjoyed celebrations may be rushed. If the Luxembourg Court did raise the bar on LGBT rights in Coman, the step forward regarding the recognition of same-sex marriage is a rather small one. At a point in time where certain Member States are introducing a constitutional ban on and others are legalising such marriages, the Court in Coman served as a forum for political battles that crystallise a clear divide within the EU. Continue reading

Oliari, Orlandi and Homophobic Dissenting Opinions: The Strasbourg Approach to the recognition of same-sex marriages

By Claire Poppelwell-Scevak, PhD FWO Fellow, Gent University

From first glance, the decision of Orlandi and Others v Italy on 14 December 2017, may appear as a step in the direction of same-sex couples being afforded the protection of Article 12 ECHR – the right to marry. However, when one digs a little deeper into this case, there is only dismay that the Strasbourg Court has continued to reinforce its ‘same same but different’ interpretation of the Convention instead of being at the forefront of this struggle for equality. Continue reading