Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Failure to modify Romania's constitution with discriminatory language as to fundamental civil rights of its citizens accomplishes a few tasks. (1) conforms the "supreme law" of the land with EU constitutional requirements; and (2) legitimates democratic goals of Romania's consituents.

Furthermore, this "victory" endorses Romania's and ECJ authorities to define human rights. European Court of Justice Rules "Spouse" Applies to Same-Sex Couples for EU Residence Directive (June 5, 2018) The ECJ ruling applies to similarly situated complaints against attempts by the governments of Latvia, Hungary, Netherland, and Poland to abridge the civil rights of any one.
judgment of the court (EN)

Who is a 'family member'?

Recital 31 of Directive 2004/38 states as follows:
`This Directive respects the fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In accordance with the prohibition of discrimination contained in the Charter, Member States should implement this Directive without discrimination between the beneficiaries of this Directive on grounds such as sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinion, membership of an ethnic minority, property, birth, disability, age or sexual orientation.'
Whether or not the government will remedy --repeal-- antithetical civil code in accordance with this judgment remains to be seen. I hope it will. The alternative is a trap of "identarian" political calculus in which US government has fallen for no good reason what so ever.

Diversity is the key to economic and political evolution.
by Cat on Mon Oct 15th, 2018 at 09:00:02 PM EST
Nothing in the US Bill of Rights or the entire constitution discriminates between citizens.

Litigation and legislation to specify application of civil rights are responses to abject failures of state and federal governments to apply equal protection of constitutional rights and civil code to everyone.

This is an absolutely pernicious remedy for deconstructing institutional and perceived "privileges" granted groups or individuals as you all have seen.

Diversity is the key to economic and political evolution.

by Cat on Mon Oct 15th, 2018 at 09:20:51 PM EST
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