EU Court Mandates Recognition of Same-Sex Marriage Across Bloc
The European Union’s highest court has ruled that same-sex marriages must be legally recognized throughout all member states, delivering a landmark decision that rebuked Poland for refusing to acknowledge a marriage between two Polish citizens conducted in Germany.
Key Takeaways
- EU Court of Justice mandates cross-border recognition of same-sex marriages
- Poland specifically criticized for refusing to recognize German marriage certificate
- Ruling protects freedom of movement and family rights for EU citizens
- Decision does not require countries to legalize same-sex marriage domestically
Court’s Groundbreaking Ruling
The EU Court of Justice issued its binding ruling on November 25, stating that Poland violated EU law by refusing to transcribe the German marriage certificate of a same-sex couple when they returned to their home country.
The court emphasized that this refusal “infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”
The Case Behind the Decision
The landmark case involved two Polish men who married in Berlin in 2018. When they returned to Poland, authorities refused to recognize their marriage certificate, citing that Polish law doesn’t permit same-sex marriage.
The EU court clarified that while member states aren’t required to legalize same-sex marriage domestically, they cannot discriminate against same-sex couples when recognizing foreign marriages.
Political Context in Poland
In predominantly Catholic Poland, LGBT rights have faced significant political resistance. The current government under Prime Minister Donald Tusk has been working on legislation to regulate civil partnerships, including same-sex unions.
However, this effort faces obstacles from Tusk’s conservative coalition partner and potential veto from Poland’s nationalist President Karol Nawrocki, who stated he would block “any Bill that would undermine the constitutionally protected status of marriage.”
The ruling establishes that EU citizens who create family life in another member state through marriage must have certainty that this family life will be recognized when returning to their country of origin.
