Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
This comment and the other about NI prompted me to step back for a long view.

The situation in NI is miserable of course, and judgment in X (2017) seemed to reinforce the intractability of ECHR deference to member-state sovereignty. (The ECHR Unanimously Confirms the Non-Existence of a Right to Gay Marriage, 2016, with the spirit of the double-edged sword known in the US as the 10th amendment.)

BUT the game is afoot to by-pass conservative opposition to civil liberty entrenched in legislatures. Ironically, a vanguard emerges from the EC wielding "freedom of movement." Let's recall the ECJ judgement in Coman (2018) narrowly reversed its own position. Finding in favor of a third-country petitioner seeking same-sex "marriage" permit in Romania, the court liberated definitions of "spouse" and "family" to allow the EC to prosecute discriminatory treatment of "gendered" persons in the inter-state, or international, venue of EURLEX. Lithuania's constitutional court fell in line (ECJ ruling on same-sex marriage begins to have repercussions across emerging Europe, 2019). Estonia (Estonian court: Right to protection of family life also to same-sex couples, 2019) and Bulgaria (Bulgaria Court Recognizes Gay Marriage in Landmark Case, 2019) courts also voluntarily responded. I for one am encouraged by this show of judicial "activism."

Though mores in former communist or Central Europe are in the spot light, comparative analysis in "More and more together: Legal family formats for same-sex and different-sex couples in European countries" (2017)  shows that legal defense and enforcement of LGBT civil rights is pretty weak across EU28/EEA. Let's be honest: Realizing a uniform standard of "human rights" in Europe isn't another Cold War front. EU gov's ground campaign to reinforce the sentiment and electoral prerogatives of the "76%" is a good thing though.

EPRS Briefing | The rights of LGBTI people in the European Union, May 2019

Combating discrimination has become part of EU internal and external policies, and the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when  it touches on issues pertaining to areas traditionally reserved to Member States, such as  marital status and family law.
Finland's Presidency + EC | Advancing LGBTI Equality in the EU: from 2020 and beyond, 23 Sep 2019

Diversity is the key to economic and political evolution.
by Cat on Fri Oct 18th, 2019 at 07:53:39 AM EST
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