LAW 2016/09 Department of Law On the ‘Entry Options’ for the ‘Right to Love’: Federalizing Legal Opportunities for LGBT Movements in the EU Uladzislau Belavusau and Dimitry Kochenov European University Institute Department of Law ON THE ‘ENTRY OPTIONS’ FOR THE ‘RIGHT TO LOVE’: FEDERALIZING LEGAL OPPORTUNITIES FOR LGBT MOVEMENTS IN THE EU Uladzislau Belavusau and Dimitry Kochenov EUI Working Paper LAW 2016/09 This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the authors, the title, the working paper or other series, the year, and the publisher. ISSN 1725-6739 © U. Belavusau & D. Kochenov 2016 Printed in Italy European University Institute Badia Fiesolana I-50014 San Domenico di Fiesole (FI) Italy www.eui.eu cadmus.eui.eu Authors’ Contact Details Dr. Uladzislau Belavusau Department of European Studies Faculty of Humanities University of Amsterdam P.C. Hoofthuis | Spuistraat 134 1012 VB Amsterdam The Netherlands
[email protected] Prof. Dimitry Kochenov Law and Public Affairs Woodrow Wilson School, Princeton University 412 Robertson Hall NL 08544 Princeton USA
[email protected] Abstract This paper unfolds litigation opportunities for LGBT plaintiffs embedded in EU law. It explores both established tracks and future prospects for fostering the EU’s (at times half-hearted) goodbye to heteronormativity. The paper demonstrates how American federalism theories can pave the way for the “right to love” in the European Union, whose mobile sexual citizens are equally benefiting from the “leave” and “entry options”, requiring more heteronormative states to comply with the approaches to sexuality adopted by their more tolerant peers.