The Irish Supreme Court ruled that a gay man who acted as sperm donor for a lesbian couple is entitled to access (contact) though not guardianship (parental responsibility) in respect of the couple’s child. (McD. v. L.) In doing so, the Supreme Court reversed in part an earlier High Court decision denying access on the basis that this would not have been in the best interests of the child. The Supreme Court, however, did uphold ‘for the present time’ the High Court’s decision not to confer guardianship on the father.
The Stockholm Programme adopted by the European Council states (p. 14): "Since diversity enriches the Union, the EU and its Member States must provide a safe environment where differences are respected and the most vulnerable protected. Measures to tackle discrimination, racism, anti-semitism, xenophobia and homophobia must be vigorously pursued".
In Schalk & Kopf v. Austria (Application No. 30141/04) the First Section of the Court has postponed the oral hearing on the admissibility and merits of the application to Thursday, 25 February 2010 at 9:00 am. www.echr.coe.int
A male-female couple with cohabitation agreement in Netherlands with the male partner being an official of an EU institution sought sickness insurance for the female partner. The General Court, in a judgment of 15 October 2009 (Commission v Anton Pieter Roodhuijzen, T 58/08 P), found that she is eligible even though the cohabitation agreement does not give rise to legal consequences similar to those of marriage in the Netherlands. The same reasoning should apply to same-sex cohabitation agreement.