A senior adviser to the European Union's top court has backed a Romanian gay man's right to have his US husband live with him in Romania. EU countries should recognise the right of all spouses to residency even if they do not allow gay marriage, according to the advocate general for the European Court of Justice. Same-sex marriage is not legal in Romania.
ECJ Advocate General Melchior Wathelet said the term "spouse" included, under the freedom of residence of EU citizens and their family members, spouses of the same sex. "Although member states are free to authorise marriage between persons of the same sex or not, they may not impede the freedom of residence of an EU citizen by refusing to grant his or her spouse of the same sex, a national of a non-EU country, a right of permanent residence in their territory," he said.
The advice is not binding, but judges ruling on cases before the court have generally followed the advocate's lead. ECJ judges will now deliberate in the case. The ECJ does not decide the dispute itself: the national court or tribunal will make its ruling following the court's decision.
http://www.bbc.com/news/world-europe-42641110
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