The Eurocamara calls for an end to discrimination against “rainbow families” and calls for same-sex unions to be recognized in all EU countries. In a resolution approved this Tuesday by 387 votes in favor, 161 against and 123 abstentions, the plenary session of the European Parliament has requested to act against countries that, such as Romania, Hungary and Poland, violate the fundamental rights of the LGTBI community.
The People’s Party of Pablo Casado has abstained in the vote, while Vox has voted against. The popular justify the meaning of their vote by claiming that “the resolution, at the request of the left, asks the member states to recognize decisions related to family law in other countries, which may include issues such as surrogacy“.
“This claim is not compatible with the current EU Treaty, since Family law is the national competence of each State. The official position of the PPE group has been to abstain and it is due to the obligation to comply with the EU Treaty “, sources from the group explain to this newspaper.
The rest of the Spanish parties have supported the resolution. The text has come forward thanks to socialists, liberals, greens and the radical left, while the radical right has voted against it. The popular Europeans have been divided mainly between yes and abstention.
“Do not fool anyone, popular. Once again, the PP of Casado remains silent in the fight for LGTBI rights. The European Parliament has asked that all EU countries recognize same-sex unions. And what has the PP voted? Abstention”, has criticized the PSOE delegation in the European Parliament.
The European Parliament warns that, although the Union has made progress in terms of marriage and civil unions, of adoption rights for LGTBI persons and of legal protection against discrimination, incitement to hatred and hate crimes, “also there have been setbacks, such as the hostile rhetoric from elected politicians and waves of homophobic and transphobic violence».
Marriages or civil unions formed in a member state must be recognized in other EU countries, and spouses or members of the union must receive the same treatment as those who form heterosexual marriages and unions, the resolution maintains. The text is not binding, but sends a strong political signal to European governments.
The European Parliament recalls that the Court of Justice of the EU has already declared in a 2018 sentence that the term “spouse” used in the directive on free movement it is also applicable to homosexual couples. That is why he asks the Commission to act against Romania, whose government has not complied with the ruling.
Currently, un total of 21 Member States legally recognize same-sex couples, either with marriage or civil unions: Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Holland, Portugal, Slovenia, Spain and Sweden.
But in other Member States there is a constitutional prohibition: marriage is defined as the union exclusively between a man and a woman. This is the case in Bulgaria, Hungary, Croatia, Latvia, Lithuania, Poland and Slovakia.
In its resolution on Tuesday, the European Parliament urges all member states to recognize the adults mentioned in a birth certificate issued in another member state as legal parents of the child for legal purposes, regardless of their legal sex or marital status, to avoid making children stateless when moving to another EU country. They insist that “rainbow families” should enjoy the same family reunification rights than those made up of heterosexual couples.
The Commission of Ursula von der Leyen It has already announced that it is preparing a law for the recognition of the children of gay couples throughout the EU.
The European Parliament finally expresses its concern about the discrimination suffered by the LGTBI community in Poland and Hungary and asks the Commission to use all the instruments at its disposal (infringement procedures, provisional measures and budgetary tools) against these countries. Brussels has already filed proceedings against both countries for this reason and keeps its recovery funds frozen.