LESIJ NO. XX, VOL. 2/2013
There are also some states that recognize same-sex marriage but do not carry them out,
4. Outside the European Union (EU), it is being studied
in many places such as Colombia5 or Brazil. In both states right now it is possible to registry same
sex marriages in front of a public notary following important sentences in both countries but there
is not an approved law allowing it yet. In Nepal it remains in agenda but the future of the law
Meanwhile, in the EU Member States a heterogeneous map is being drawn in the issue of
same sex marriage. On the one hand, more than a half of the countries that perform same -sex
marriage in equality with the heterosexual ones in the world are member states of the EU. On the
other hand, th ere are others that have modified their laws in order to state clearl y that marriage
can only be performed between a man and a woman.
The EU itself has made, by ways of producing laws (such as 2000/426 and 2000/78
Directives7) which form part of the acquis communautair e, efforts to eradicate sexual orientation
discrimination but harmonization of this issue remains undone.
An analytical description of the issue will be offered, describing the efforts made by the
EU in this respect via the primary law, secondary law and multiple resolutions from the European
Parliament or statements from the heads of the institutions.
Also, an analysis of the Spanish and Romanian situation will be given. The choice of these
case-studies was made based in the different situations they are living towards same-sex marriage.
Both are Members of the EU, but whereas Spain entered in 1986, Romania joined in 2007. Both
have applied the above mentioned Directives in their territory but the outcome of that application
has been very different. Spain approved same-sex marriage in 2005, but it was claimed
unconstitutional from one of the political parties (the right-winged Partido Popula r) and its future
remained uncertain until the Constitutional Tribunal sentence reaffirmed its constitutionality last
November. In Romania same-sex couples do not have the right to marry nor to civil unions.
After the analysis of the two specific cases, an overview of the issue in the EU will be
offered, stating which countries have already approved s ame-sex marriage, which have it in the
agenda and which ones have made changes in their constitutions so that heterosexual marriage is
reinforced. A look to the Ukrainian, Russian and Moldavian situations will be offered so as to
compare the situation inside and outside the borders of th e EU, where strong anti-homosexual
movements are taking place. Finally, some concluding remarks will be given.
4 Freedom To Marry, “The Freedom to Marry Internationally”, December 2012, accessed March 11, 2013
http://www.freedomtomarry.org/landscape/entry/c/international; USA Today, “Israeli high court orders gay
marriage recognition” November 21, 2006, accessed March 11 2013, http://usatoday30.
5 As for 25th of April 2013 űolombia’s parliament rejected same sex marriage law, although, as stated, in
2007 approved the possibility following a Constitutional Court ruling. It gives same sex marriages similar
inheritance, pension and social security rights that heterosexual marriages do.
6 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between
persons irrespective of racial or ethnic origin, published in Official Journal of the European Union, L 180 of
7 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal
treatment in employment and occupation, published in Official Journal of the European Union, L 303 of