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October 30, 2020

Constitutional Court to rule on same-sex marriage recognition petition

The Constitutional Court of Romania (CCR) is expected to rule today on a same-sex marriage.

Relu Adrian Coman, Robert Clabourn Hamilton and the ACCEPT Association have filed a constitutionality objection regarding provisions in Romania’s Civil Code that do not recognise same-sex marriages.

On July 20, CCR postponed a ruling on the matter, arguing that it needs to scrutinise all the files submitted for the case.

The constitutionality objection refers to Article 277 (2) and (4) in the Civil Code.

Article 277: Interdiction or equating of forms of living together with marriage : “(2) Same sex marriage contracted abroad whether between Romanian citizens or by foreign citizens is not recognised in Romania. (…) (4) Legal provisions regarding free movement in the territory of Romania of citizens from the EU member states and the European Economic Area, are valid.”

Chairman of Romania’s National Council for the Combat of Discrimination (CNCD) Asztalos Csaba said back then that the current legislation violates the right of sexual minorities to have a family by forbidding same-sex marriages, adding that he is in favour of the provisions discriminating against the rights of same-sex couples being ruled unconstitutional.

He mentioned that the European Court of Human Rights (ECHR) has recommended the EU member states to pass legislation protecting the civil rights of sexual minorities.

On the other hand, Relu Adrian Coman claimed that he is not entitled to residence if his marriage registered in Belgium in 2010 is not recognised in Romania.

“We will respect the court’s ruling, irrespective of its content, but hopefully it will be grounded in the Constitution of Romania and international human rights legislation,” said Coman.

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