Strasbourg plenary session 6-9 September

Same sex marriage is a reality in five European countries (Belgium, the Netherlands, Portugal, Spain and Sweden). In some others, homosexual couples can establish a civil partnership. What if they move to another EU country where that is not the case? Tuesday night MEPs asked the Commission 3 questions about discrimination of same sex married people or those in civil union couples who “can experience situations of direct and indirect discrimination when working, studying and travelling in the EU”.

The debate focused on 3 oral questions to the Commission, namely; discrimination against same-sex married or in civil-partnerships couples, mutual recognition of marriages and civil partnerships contracted by same-sex couples and discrimination against same-sex couples and freedom of movement.

Members speak of their personal experiences

In the debate some MEPs spoke of their personal experiences. Dutch MEP Cornelis de Jong (GUE/NGL) said he registered his same-sex couple 21 years ago in Holland "but if we go to Poland we are no longer a legally recognized couple. When we use our freedom to move within the EU we loose a series of rights".

British Member Michael Cashman (S&D) has been in a in a same-sex civil partnership for 27 years. "If I would have an accident whilst on holiday in Italy, my partner would not even be given the basic right of deciding whether in such a case I should be on a life support machine or not. Rights acquired in one country should be respected in another".

"We do it for jam, and wine, and beer", why not "for relationships?"

Dutch Liberal Sophia In't Veld said that "every single EU citizen should have the same rights. It is not for the EU or governments to judge a personal relationship". She went on to say that "the very least we should do in the EU is apply the principle of mutual recognition: we do it for jam, and wine, and beer, why don't we do it for marriage and for relationships?"

Viviane Reding - the EU Commissioner for justice, fundamental rights and citizenship, told the House that "it is implicit that if you are allowed to move freely and to reside freely you must also have the rights which are coming from your first residence to your second residence". But "we have to advance cautiously" to "bring step by step the resistant member states to accepting the general rules".

Rules "need to be amended"

Italian Member Salvatore Iacolino (EPP) commented that "some fundamental positions should be guaranteed, because what belongs to the intimate and personal sphere of a person should be respected".

Slovak Socialist MEP Monika Flašíková Beňová said "we are not talking about imposing anything to member states, but about tolerance".

British Liberal Sarah Ludford told the House "we have splendid principles in the treaties and legal instruments of the EU for non discrimination, equality, rights of minorities, human dignity, the right to family life, and of course the right of free movement". However, she considered that the rules "need to be amended to remove the semi-discretion that member states have to discriminate against couples where there are same sex partners or spouses moving from another State".

Austrian Green Ulrike Lunacek said that "we have problems when we hear that recognition has to be gradual. In every EU country citizens are more advanced than their governments".

Polish MEP Konrad Szymansky (ECR) noted that "some countries do not recognize gay couples, and they have the right not to". "If the State does not recognize it for anyone it is not discriminating and then this debate is a waste of time".