Same-Sex Families’ Rights and the EU – Impossible or Promising Relationship?

Although the EU has been an important actor in combating discrimination based on sexual orientation, it mostly avoided issues concerning relationships of same-sex couples and their children since family law does not fall within the EU’s competence. However, the role of the EU in the latter area seems to be slowly changing as the EU has recently become more engaged in enhancing rights of same-sex families. In particular, questions related to recognition of same-sex family ties in cross-border situations were dealt with by the ECJ in the Coman (C-673/16) or Pancharevo (C-490/20) cases and also attracted attention of the European Commission (see Union of Equality: LGBTIQ Equality Strategy 2020–2025) and the European Parliament (see resolution on LGBTIQ rights in the EU, 2021/2679/RSP). This paper will address the interaction between the EU and its Member States regarding same-sex families’ rights, using the example of the Czech Republic as a case study.