Geneva: The European Union’s top court has ruled that same-sex marriages must be recognised across the bloc, issuing a sharp rebuke to Poland for refusing to acknowledge a marriage between two Polish citizens who wed in Germany.
The judgment said Poland was wrong to deny recognition of the marriage when the couple returned home, even though Polish law does not permit same-sex marriage. The EU court of justice said the refusal violated both the freedom of movement and the fundamental right to private and family life.
The case marks a significant moment in a country where LGBT+ rights have often been at the centre of political battles. In predominantly Catholic Poland, same-sex relationships have long been dismissed by past governments as a foreign influence.
The current pro-European administration has been working on legislation to introduce civil partnerships, including for same-sex couples, but progress has been slow due to resistance within the governing coalition.
The ruling came at the request of a Polish court hearing the couple’s challenge after authorities refused to record their German marriage certificate in the national registry. The two men married in Berlin in 2018 and have been identified only by their initials. Their lawyer declined to comment following the decision.
The European Court of Justice has ruled that member states must recognise same-sex marriages lawfully concluded in another member state. The decision is poised to be greeted positively by Europe’s LGBTQ+ community.
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EU citizens have the right to move freely across member states and live a normal family life, the court said. It stressed that when couples build a family life in another EU country, including through marriage, they must be able to continue that life when they return home.
The court added that the ruling does not require member states to introduce same-sex marriage in their national laws. However, it makes clear that countries cannot ignore or downgrade marriages legally performed elsewhere in the bloc.
The decision comes at a delicate moment for Poland’s leadership. Prime Minister Donald Tusk has pledged to expand protections for same-sex couples, but his efforts have been slowed by opposition from conservative partners. President Karol Nawrocki has also vowed to veto any measure that he believes threatens the constitutionally protected definition of marriage.
The EU court’s ruling now puts renewed pressure on Warsaw to align its practices with European law and ensure same-sex couples are not discriminated against when they return to their home country.
