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On Options of Citizens and Moral Choices of States: Gays and European Federalism

50 Pages Posted: 26 Feb 2010 Last revised: 28 May 2016

Dimitry Kochenov

University of Groningen - Faculty of Law

Date Written: February 23, 2010

Abstract

Building on the example of gay rights and, specifically, the likely change in the cross-border acceptance of same-sex families and unions in the EU, this paper focuses on the analysis of the growing limitations of the EU Member States' capacity to make legal-political choices grounded in abstract moral considerations limiting the freedom of intimate association within the scope ratione materiae of EU law. It does this by applying to the legal context of EU law of Kreimer’s vision of federalism, Karsts analysis of the freedom of intimate association, and Koppelman’s representation of sexual-orientation discrimination as sex discrimination. The paper demonstrates that EU law currently has all the potential needed to reinvent the notion of prohibited sex discrimination in such a way that will improve the lives of millions of EU citizens.

Keywords: EU law, gay, LGBT, free movement, family, same-sex, marriage, federalism, free movement, equality, non-discrimination, sexual orientation, family, Europe

JEL Classification: K10, K33, K30

Suggested Citation

Kochenov, Dimitry, On Options of Citizens and Moral Choices of States: Gays and European Federalism (February 23, 2010). Fordham International Law Journal, Vol. 33, No. 1, 2009, pp. 156-205 . Available at SSRN: https://ssrn.com/abstract=1557955

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

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