Harmonisation of choice of law rules on same-sex marriage

Across the EU, the validity of a same-sex marriage has the potential to change whenever a state border is crossed. Building on previous suggestions for Europeanisation of essential validity, this chapter will analyse the cases of Obergefell v Hodges, and Coman and Others v Inspectoratul General Pentru Imigrari and Others. It demonstrates that harmonisation of the applicable law when assessing a multistate same-sex marriage is possible. Obergefell will highlight that a unified approach is the only way to achieve certainty, and that such an approach is achievable, despite the dissonant views of the Member States. Analysis of Coman will provide a harmonised framework for the adduced proposition, requiring all Member States to recognise same-sex marriages for the purpose of free movement laws.