Same-Sex Marriage: The EU is Lagging Behind

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Series Details 29.06.15
Publication Date 29/06/2015
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On the 26 June 2015, in its much-awaited ruling in Obergefell v. Hodges, the US Supreme Court held that same-sex couples derive from the US Constitution the fundamental right to marry and, for this reason, invalidated State laws which impose a ban on such marriages. The Supreme Court, also, held that marriages lawfully performed in one US State must be fully recognised in all other US States. This is, without a doubt, an historical ruling of immense symbolic and practical importance, since it means that all LGB US citizens are now able to marry a same-sex partner, and to be recognised, together with the latter, as a married couple everywhere in the US.

Given that the first country in the world that opened registered partnerships to same-sex couples was Denmark, in 1989, and that the first country that opened marriage to same-sex couples was the Netherlands, in 2001, one would have expected the EU to be a pioneer in matters regarding the legal recognition of same-sex relationships. Nonetheless, the EU’s stance on these matters and on the protection of the rights of same-sex couples remains disappointingly aloof.

In this blog post the author focuses on same-sex marriage and seeks to examine the EU’s position towards a) same-sex marriage in situations confined within a single Member State; and b) the cross-border legal recognition of same-sex marriages (i.e. when EU citizens who are married to a person of the same sex move to another Member State).

Source Link http://eulawanalysis.blogspot.co.uk/2015/06/same-sex-marriage-eu-is-lagging-behind.html
Related Links
ESO: Background information: Luxembourg prime minister becomes first EU leader in same-sex marriage http://www.europeansources.info/record/luxembourg-prime-minister-becomes-first-eu-leader-in-same-sex-marriage/
ESO: Background information: Irish same-sex marriage referendum, 22 May 2015 http://www.europeansources.info/record/irish-same-sex-marriage-referendum-22-may-2015/
ESO: Background information: Timmermans calls for same-sex marriage across EU http://www.europeansources.info/record/timmermans-calls-for-same-sex-marriage-across-eu/

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