Recognition of same-sex marriage and EC law

29.5.2017

Question for written answer E-003534-17
to the Commission
Rule 130
Marie-Christine Arnautu (ENF)

The Romanian Parliament is planning to hold a referendum in the near future which will constitutionalise the definition of marriage as ‘a union between a man and a woman’ after a citizens’ initiative by the Coalition for Family gathered 3 million signatures.

The reason for this decision is the growing strain on Member States who have not given in to the demands of LGBTIQ pressure groups. The Court of Justice is soon to make a decision in the case of a Romanian activist who married his American partner in Belgium in 2010 so that the Romanian authorities would have to recognise the marriage. Article 2 of the Romanian civil code is clear, however: ‘marriages carried out abroad between Romanian citizens and non‐Romanian citizens of the same sex are not recognised in Romania’.

Is the Commission in favour of making the recognition of same-sex civil unions and marriages mandatory in the name of free circulation and the principle of non-discrimination, or — if the Court of Justice finds against Romania — will it make changes to EC law so that Member States’ sovereignty is fully upheld, given that family law is a Member State matter?