When a Romanian court refused to grant residency to a queer American married to a Romanian, the European Union got involved, and so far things are good for LGBTQ folks.
BBC reports that the European Court of Justice’s Advocate General,Melchior Wathelet, spoke out in favor of residency rights for all spouses, even same-sex spouses, regardless of whether or not queer marriage is legal in that country. If the union legally happened elsewhere, countries have to extend the same rights.
“Although member states are free to authorize marriage between persons of the same sex or not, they may not impede the freedom of residence of an EU citizen by refusing to grant his or her spouse of the same sex… a right of permanent residence in their territory,” his statement reads.
While the Advocate General’s advice is not completely binding, EU judges usually follow the lead of the advocate when they make an official ruling.