The European Court of Human Rights (ECHR) ruled Tuesday, May 23, that Romania has violated Article 8 of the European Convention, which protects the right to respect for family life, by not legally recognizing same-sex marriages and by not giving LGBTQ+ couples any means of legally safeguarding their relationships. With this ruling, the ECHR issued an order for Romania to enshrine legal protections for same-sex couples.

“The ruling comes with an enforcement mechanism,โ€ says Iustina Ionescu, the human rights lawyer who argued the case. โ€œThe Romanian state must account for what it is doing to recognize and adopt a form of legal protection for same-sex families.โ€ If neither side successfully appeals the ruling after a window of three months, Romania will be required to implement legislation to introduce civil unions for same-sex couples.

In a country ranked as โ€œone of the worst places for LGBTQ+ rights in Europe,” this will be an important stepping stone on the road to marriage equality and rectifying decades of egregious human rights abuses. Romania, a European Union (EU) member since 2007, is notoriously socially conservative and has long faced criticism for its anti-LGBTQ+ policies.

Tuesdayโ€™s judgment was made in response to complaints filed by a slate of 21 couples, who cited the disadvantages and discrimination under current domestic laws in the Balkan nation, where same-sex couples have been barred from such protections as mortgage programs, spousal bereavement leave and joint health insurance. โ€œRomania must stop the discrimination by law,โ€œ Florin Buhuceanu and Victor Ciobotaru say in a statement. The petitioners say they vow to continue their efforts โ€œuntil equality in front of the law will become a reality in our country.โ€ The Equally Wed heart is a trademark of Palladino Publishing, LLC.

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