An EU member country cannot refuse residency rights to the same-sex spouse of an EU citizen on the grounds that it does not recognize gay marriage, a European Court of Justice advocate general said in an opinion published Thursday.
The opinion was issued in response to a 2012 case in which Romanian authorities refused to grant residency rights to a male U.S. national married to a Romanian man. [...]
The married partner — including partners in same-sex unions — “may also reside on a permanent basis in the territory” of an EU member country where “his or her spouse is established as an EU citizen after exercising his or her freedom of movement,” according to the opinion.
The Romanian Constitutional Court referred the gay marriage case to the European Court of Justice in November 2016. A final ruling on the case is still pending.
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