The Estonian-American couple had married in the United States in 2015. When they wanted to start living together in Estonia, the partner holding US citizenship applied for an Estonian residence permit. The Estonian Police and Border Guard Board refused to issue a permit, referring to a construing of the Aliens Act of Estonia that does not provide for the granting of a residence permit to a same-sex spouse.
The case raised an important societal issue: despite the position of the Supreme Court, which recognises the right of same-sex couples to family life, such couples are not treated equally with other couples in Estonia.
The case went through several court instances, including the Tallinn Administrative Court and Circuit Court, but did not make it to the Supreme Court. The circuit court’s judgment that the Estonian state does not recognise Sarah and Kristiina’s marriage as a basis for issuing a residence permit was upheld.
The couple was represented by attorney-at-law Liisa Linna (Law Firm Liverte).
Read the detailed information of the case in Estonian.
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