The Constitutional Court to ask for a viewpoint from the European Court of Justice on recognition of gay marriages

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The Constitutional Court (CCR) judges have postponed again on Tuesday a decision on the plea of unconstitutionality by which a gay couple married in Belgium demands the acknowledgement of the marriage in Romania, and will seek an opinion from the European Court of Justice.

The CCR Chairman Valer Dorneanu, said after the Tuesday’s meeting, that the CCR will request an opinion from the ECJ, at the request of the parties.

The exception of unconstitutionality was first debated by the Constitutional Court on July 20, the main arguments put forward being related to the recognition of the fundamental right to privacy. The head of the National Council for Combating Discrimination (CNCD) then pleaded for the recognition of marriage.

The authors of the objection of unconstitutionality have challenged Article 277, paragraphs (2) and (4) of the Civil Code, which relate to the ban on Romanian territory of the recognition of same-sex marriages concluded abroad, namely the freedom of movement within the European Union.

The issue of homosexual couples is extremely sensitive to Romanian society especially that in parallel a popular initiative has been submitted to Parliament, signed by more than three million people, to Constitutional review to redefine the meaning of family. Thus, the initiators want to write in black and white in the constitution that the family consists of a man and a woman, thus eliminating the possibility of any future legislation to allow same sex marriages. Currently, the Romanian Constitution provides that “the family is created through free marriage between spouses”.

The initiative for review was formally approved by the Constitutional Court, which found that the popular initiative has met all legal procedures and is now in the Senate expected to be debated.

 

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