The EU fails to have consistent policies protecting LGBTI people’s rights

Last month, New York lawmakers legalized same-sex marriage making New York the sixth and largest state in the US, so far, to recognize gay couples’ right to wed. The decision seemingly had a national impact as it widened the right to marry for gay couples all over the country.

On Wednesday, the US Senate Judiciary Committee discussed ways to stop the gay marriage ban with the help of the White House. Shin Inouye, a spokesperson from the White House, said, “The president has long called for a repeal of the so-called Defense of Marriage Act, which continues to have a real impact on the lives of real people.”

Outwardly, US government officials and politicians are working to expand the basic civic rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people in various ways. Contrary to what’s happening in the US, however, the European Union is having a difficult time to compromise the basic civil rights of LGBTI people in its member states.

Is Eastern Europe to blame?

“One thing that I have learned in following the extension of the EU from fifteen, to twenty-five, to twenty-seven member states, is that we suddenly have to fight the same battle all over again. That battle is about women’s rights and nondiscrimination on the grounds of sexual orientation.” Michael Cashman, a MEP, and co-president of intergroup on LGBTI rights in European Parliament said.

 
On 11 June 2011 the first LGBTI pride march in Split, Croatia was met by about 6,000 anti-gay protestors. Croatia is waiting to join the EU in 2013. Credits: “LGBTQ Nation”

In fact, before the EU had expanded to twenty-seven countries and when it included countries from the eastern parts of Europe, it already had an inconsistent policy of recognizing same-sex marriage or same-sex relationships within the member states.

Until now, only five countries in the EU, including Belgium, the Netherlands, Portugal, Spain, and Sweden, have legalized same-sex marriage. While twelve countries, including France and the UK, do recognize the legal right of civil partnership between gay couples, Italy and Greece, one of the first countries to join the EU, still do not acknowledge any legal rights of LGBTI couples.

Despite the fact that article 21 of the Charter of Fundamental Rights of the European Union banned any discrimination based on sexual orientation, there is still a majority of the EU member states that do not yet guarantee same sex marriage to their citizens. On this account, it is not strange to witness that some critics have questioned the authenticity of the EU’s actual interest in following the Charter of Fundamental Rights.

Several signs of moving forward

EU justice commissioner Viviane Reding seems to understand these doubts and criticisms. A month ago, she spoke at the Parliament and explained that the Commission will introduce a fundamental rights chapter into EU law in the future.

 
On 30 June 2011, The European Parliament held a public hearing on LGBTI rights in the world. Ulrike Lunacek MEP, left, and Michael Cashman, right, Co-Presidents of the LGBT Intergroup moderated the discussion.  Credits: “EU Parliament”

Prior to this ambitious remark, the EU parliament rejected the new Hungarian constitution because it failed to forbid discrimination on the grounds of sexual orientation. Recently, the Commission and Parliament have tried to make the case of LGBTI persons a central topic in EU politics. Cashman said, “We must fight for other countries where there is inequality whether it’s in Poland, Malta, or Germany.” He even mentioned the United States. But still, there are some remaining issues in the EU, which will hopefully decrease in upcoming years.

Potential candidate countries

Currently, there are five official candidate countries, including Croatia and Turkey, which are waiting to join the EU. Apart from Iceland, none of these countries recognize same-sex marriage. In fact, the Minster of Family Affairs in Turkey made a comment to the Turkish newspaper “Hurrivet” saying, “I believe homosexuality is a biological disorder, an illness, and should be treated.” This comment aroused huge backlashes from gay activists in Turkey.

Ideals vs. Reality

The EU has always been known for its ideals, which are promoting peace, freedom and equality around the world. That is why article 2 of the Treaty of the European Union says, “The European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.”

Michael Cashman is one of the most active MEP members to protect LGBTI people’s rights in the member states and is one of a few openly gay MEP members in EU parliament. Photo by Taein Park

Cashman, elected MEP of the Year for Justice and Fundamental Rights in 2007, emphasized that the focus of the EU should be global. In addition, he insisted very rigidly that he would fight for the basic civil rights of LGBTI people not only in Europe and the United States, but also all over the world. The US, however, appears to have found their own way when it comes to fighting for gay couples’ right to marry.

It is now time for the EU to come up with their own way of protecting the basic rights of LGBTI people within the member states. The EU needs to take a step forward in order to reach their ideals in vigorous ways. As Israeli Philosopher Avishai Margalit says, “Ideals may tell us something important about what we would like to be, but compromise tells us who we are.”

 

Posted on July 28, 2011 by .(JavaScript must be enabled to view this email address).
Filed under news, development.