Updated

A top European Union legal adviser says a gay Romanian-American couple should enjoy the same rights as any married couple in the bloc.

In an opinion for the European Court of Justice, Advocate General Melchior Wathelet said Thursday that the key issue was "not the legalization of same-sex marriage, but .... the free movement of EU citizens."

The hearing in Luxembourg which opened in November came after Romania's constitutional court asked the European court to rule on the issue. Romania does not recognize same-sex unions.

Romanian Adrian Coman has been fighting since 2012 to get his marriage two years previously to U.S. citizen Claibourn Robert Hamilton legally recognized. The pair married in Belgium.

The court is expected to make a final ruling this year.