The Network of European LGBTIQ* Families Associations, NELFA, is very pleased with the
judgement in the so-called “Coman case”. The Court of Justice of the European Union
(CJEU) had to interpret the word “spouse” in the context of EU law on freedom of movement
(Directive 2004/38/EC). The judges clarified that same-sex spouses are included in the
definition of the term: same-sex spouses have equal rights to reside in EU Member States.
This is a fundamental backing for rainbow families in the European Union!
Eight years ago, Adrian Coman and Clai Hamilton were married in Belgium and their legal
struggle to be recognised as a family in Romania has been going on for over five years.
Supported by LGBTIQ* NGOs, the couple filed a complaint against the Romanian
government in 2014. The case reached the Constitutional Court of the EU Member State in
2016 and was first discussed at the CJEU in Luxembourg in November 2017.
See the full judgement.
NELFA’s Vice-President Giuseppina La Delfa: “We warmly congratulate Adrian and
Clai – a lot of rainbow families can sympathise with their situation. My wife and me, for
example, we had to wait for years to be recognised as a married couple – at first in our home
country France; then in Italy, where we live. The birth certificates of our children – containing
both mothers – were approved in Italy only last week, after a legal fight of four years. Such a
struggle should be impossible in the future. It is a question of respect and dignity!”