This proposed amendment would be great news and is wholly consistent with EU law.
The ECJ (European Court of Justice) the highest in the EU, respects the right of member states to decide whether to accept or oppose gay marriage/civil unions and accept or oppose abortion. It recognizes that it has no right to infringe upon the competence of EU member states in any areas that fall under family law, including same-sex unions and abortion.
**Can the EU Require Member States to Open Marriage to Same-Sex Couples?
The answer is simple and it is ‘no’,** at least as things stand at the moment. In its judgment in Römer, the Court stressed that ‘as European Union law stands at present, legislation on the marital status of persons falls within the competence of the Member States’. Moreover, the drafters of the EU Charter of Fundamental Rights seemed to share the same view, when in the Explanations Relating to the Charter of Fundamental Rights, it was pointed out that the Charter Article providing the right to marry (Article 9) ‘neither prohibits nor imposes the granting of the status of marriage to unions between people of the same sex’.
Because matters that fall within the ambit of family law are (usually) matters for which there is no European consensus and for which it is believed that each Member State should be left alone to make its own choices, family law is an area in which the EU has no competence to legislate. Thus, it is the Member States that can decide in situations that fall within their jurisdiction, who can marry whom, the requirements for divorce, adoption issues, the regulation of assisted reproduction, and any other issues falling within the ambit of family law. The legal recognition of same-sex relationships is no exception to this, and, hence, it is up to each Member State to decide whether it will allow in its territory two persons of the same sex to marry. This has resulted in an EU which is divided between the (mostly northern and western) Member States which have opened marriage to same-sex couples,* and the (mostly central and eastern) Member States which have not,[ii] with some Member States having a constitutional ban on opening marriage to same-sex couples.[iii]