Romania Same-Sex Marriage Recognition

Proposal for Recognition of Same-Sex Marriages

The government of Romania is proposing a law to acknowledge marriages of same-sex couples that are performed within a European Union country. The Romanian parliament is set to review a proposed legislation aimed at recognizing such unions, however, NGOs argue that this law doesn’t provide equal rights to the Romanian LGBT community.

ACCEPT’s Stand on the Proposed Legislation

Florina Presada, who is at the helm of ACCEPT, an organization advocating for LGBT rights in Romania, conveyed to BIRN that the amendments are not in alignment with the judgments of both international and local courts.

Limitations of the Proposed Bill

“It appears promising at the outset. Regrettably, the government’s capabilities are quite limited through this bill,” stated Presada. She clarified that according to the proposed law, “the partners are not acknowledged as spouses.”

Equal Rights for Romanians

Presada also contended that every Romanian, including those in same-sex relationships, should be entitled to the same rights as every other EU citizen, including the right to wed.

CJEU’s Ruling on Right of Residence

In June 2018, the CJEU decreed that Romania is obligated to acknowledge the right of residence for family members, including spouses of the same sex, within its borders.

Legalization of Same-Sex Marriages

However, the decree did not state that same-sex marriages must be legalized by the state.

ECHR’s Verdict on Right to Private and Family Life

In May of this year, the European Court of Human Rights, ECHR, declared that by prohibiting same-sex couples from marrying or registering civil partnerships, Romania is violating article eight of the European Convention on Human Rights – the right to respect for private and family life.

ACCEPT’s Grievance Against Romania

This ruling was a result of a grievance lodged by the ACCEPT association and 21 families against Romania.

Legal Protection for Same-Sex Families

This ruling occurred four years post the lawsuit filed by 42 individuals against Romania due to the absence of acknowledgment and legal protection for their families.

Romania’s Compliance with CJEU’s Verdict

In July, the Romanian Interior Ministry declared that “the enactment of these clauses is obligatory for Romania, following the CJEU’s verdict.”

Consequences of Non-Compliance

Should Romania not amend the law and the EU initiates infringement procedures, Romania could face financial sanctions ranging from 1,830 to 109,800 euros for each day of non-compliance, along with a minimum lump sum of 1,708,000 euros.

Potential Delays in Legislation Approval

After the approval of the draft legislation by the government, it is now up to the MPs to vote on it, but Presada mentioned that it might encounter additional delays.

Pending Civil Partnership Legislations

“For instance, there are proposed legislations regarding civil partnerships that are already four or five years old… These laws are still pending,” she added.