Exploring the Highlights, Limitations and Possibilities of EU Citizenship as a Progressive Status for Gays and Lesbians

Abstract

Although the original treaties of the European Union (‘EU’) conceptualised the EU as a trade body, in recent years the competencies granted by Member States to the EU have expanded greatly, not least in the area of equality and non-discrimination. In response to criticisms about a democratic deficit, the concept of EU citizenship was introduced. This entails voting, free movement, residence and non-discrimination rights across Member States for EU citizens and their family members (who do not have to be EU citizens themselves). For non-mobile EU citizens the EU has had a huge influence in expanding non-discriminatory employment rights. Yet in order to be truly democratic the concept of citizenship needs to engage with all citizens in an equal manner. In contrast to the Brexit agenda which researchers consider to be readily aligned with hegemonic masculinity, the EU is portrayed as pro-feminist and lesbian and gay inclusive. This piece tests how much in reality EU citizenship includes those who do not conform with a heteronormative, liberal equality model. Whilst real progress has been made, many difficulties remain. EU soft law in this area offers hope for future development.