Recognition of Same-Sex Marriage in the European Community: The European Court of Justice's Ability to Dictate Social Policy

摘要

The laws of the Netherlands and Belgium that allow same-sex mar-riages began a series of reforms that may lead to new rights for same- sex partners. Not only did the Netherlands and Belgium grant domestic rights, but as members of the EU, they may have also carved a path for same-sex partners' rights throughout Europe. If the ECJ hears a case, several mem ber states would likely support a ruling favorable to the recognition of same-sex marriages throughout the EU. The Netherlands and Belgium could convincingly argue that the ECJ cannot permit a state to restrict one of the four freedoms and refuse to recognize a marriage.