A political clash is looming between EU member states and the European Parliament over a proposal to have same-sex marriages conducted in one member state recognised in others, even where it is illegal.
A parliamentary committee wants to ensure that "the principle of mutual recognition is applied to same-sex couples in the EU - notably married couples, partners or de facto couples - at least in relation to rights relating to freedom of movement".
Same-sex marriages are only legal in four of the 27 member states, namely the Netherlands, Belgium, Spain and Sweden.
However, under a resolution passed in the Civil Liberties Committee, marriages between gay or lesbian couples would be recognised by the other member states, even if these do not permit such nuptials.
"This means if a gay couple marries in Sweden but resides in Malta, the Maltese authorities will have to grant these EU citizens the same rights as heterosexual couples," an EP official explained.
This would be an amendment to the Stockholm programme - an EU five-year policy plan in the area of Justice and Home Affairs - which MEPs will vote upon tomorrow in plenary.
The largest group in the EP, the European People's Party (EPP), has opposed this amendment but it was still approved by the committee. It is up to tomorrow's plenary session to decide whether to accept it or not.
Sources yesterday told The Times that the parliament "will most probably approve the resolution".
"Although in reality this will not change the present system where issues related to family law are the sole competence of member states, it will send a political message that the EU is moving towards recognising same-sex marriages, even in countries such as Malta where this is illegal," the official said.
When contacted, Maltese MEP Simon Busuttil, the EPP spokesman for the committee, stressed the EPP group was against this amendment.
"I directed the EPP members in the committee to abstain instead of voting in favour of the resolution on the Stockholm programme," Dr Busuttil said.
"I am completely against this amendment and we are conducting talks with the other political groups to try to find a compromise on this delicate issue.
"Recognition of same-sex marriages conducted in certain member states cannot be imposed on other members where this is illegal. The solution I am proposing is this should only be recognised by those countries that already permit such marriages."
The Times is informed that the Maltese government is closely watching the latest developments on this issue. According to EU treaties, the final word on such a decision is up to member states and not the EP.
If accepted by the Parliament, the amendment as inserted in the Stockholm programme would come before the European Council where still resistance would be likely.