EU Court Rules Same-Sex Marriages Must Be Recognised Across Bloc

The European Union’s highest court has issued a landmark ruling declaring that same-sex marriages performed in any member state must be respected throughout the bloc. The decision directly rebukes Poland for refusing to recognise a marriage legally conducted in Germany between two Polish citizens.

Case Triggering the Judgment

The ruling arose from a case brought by a Polish couple who married in Berlin in 2018. When they returned to Poland, authorities declined to register their marriage certificate because national law does not permit marriage between people of the same sex. A Polish court referred the matter to the EU Court of Justice, seeking clarity on the rights of returning citizens.

Court’s Findings and Rights Violated

The judgment stated that Poland’s refusal infringed key EU principles, including the freedom of movement and the fundamental right to private and family life. The court held that citizens must be able to maintain the family life they established in another member state upon returning home. It further clarified that recognition of such marriages for civil-status purposes does not compel member states to legalise same-sex marriage domestically.

Implications for Poland’s Legal Framework

The ruling comes at a time when Poland’s new pro-European government is attempting to introduce civil partnerships, including for same-sex couples. Progress has been slowed by resistance from a conservative coalition partner and by the stance of President Karol Nawrocki, who has pledged to veto legislation he believes challenges the constitutional definition of marriage. The verdict places additional pressure on Warsaw to revise its recognition procedures for foreign marriages.

Exam Oriented Facts

• EU citizens have the right to move freely and maintain family life across member states.
• The court confirmed that member states need not legalise same-sex marriage but must recognise valid foreign marriages.
• The case involved a Polish couple married in Berlin in 2018.
• Poland’s constitution currently limits marriage to a union between a man and a woman.

Wider Impact on EU Equality Standards

The decision reinforces the EU’s commitment to non-discrimination and ensures uniform treatment of same-sex spouses moving within the bloc. It signals stronger judicial backing for LGBT rights at a time when political attitudes vary sharply across member states, particularly in Central and Eastern Europe.