ECHR: Romania must Legalize Same-Sex Marriages

Romania must legalize same-sex civil unions, Europe's highest human rights court ruled on Tuesday, a victory for LGBTQ+ activists in the conservative-leaning country, Reuters reported.

Twenty-one same-sex couples have brought a case against Romania to the European Court of Human Rights (ECHR), arguing that the lack of legal recognition of their relationships "deprives them of their dignity as spouses".

In a ruling on Tuesday, the ECHR found that the country violated Article 8 of the European Convention, which protects the right to respect for family life, by not providing LGBTQ+ couples with any means of legal protection for their relationships.

Romanian couples highlighted the inconveniences they face under current domestic law, such as being barred from benefiting from family mortgage programs, receiving leave due to the loss of a spouse or joint health insurance.
The ECHR said none of the government's arguments outweighed the couples' concerns.
One of the arguments of the government in Bucharest was that same-sex couples could benefit from the protection of their rights through private contracts. According to the court, the details in this argument were insufficient, "and have already been rejected in other ECHR cases".
Regarding claims that the institution of marriage should be protected, the court said that it was not threatened by the decision, as it did not restrict the right of heterosexual Romanians to marry.

The decision in the case known as "Buhuceanu and Ciobotaru v. Romania" was made by 5 to 2 judges' votes.

It will enter into force after a three-month period in which both sides have the right to appeal to a higher instance of the ECHR. If neither do so, the decision will stand and...