The Court of Justice of the European Union ruled that every member state must recognize a legally valid same-sex marriage from another EU country to protect fundamental rights.
The Court of Justice of the European Union (CJEU) ruled on Tuesday that all member states must recognize a same-sex marriage legally performed in another EU country, even if domestic laws do not allow such unions.
The decision follows the case of two Polish citizens who married in Germany in 2018 and were later denied recognition as a married couple upon returning to Poland.
According to the judgment, refusing to recognize the marriage “violates not only the freedom of movement and residence but also the fundamental right to respect for private and family life.”
The CJEU stressed that while each nation can decide whether to allow same-sex marriage internally, it cannot discriminate against couples legally married in another member state.
The binding ruling was issued after a Polish court sought clarification from the EU tribunal in response to the couple’s legal challenge. “This ruling is historic,” said the couple’s lawyer, Pawel Knut. “It marks a new beginning in the fight for fairness and equal treatment for same-sex couples.”
In Poland —a predominantly Catholic country— LGBT+ rights have long been portrayed by previous conservative governments as a “foreign ideology.”
Although the current pro-EU administration of Prime Minister Donald Tusk is pushing for a civil union bill, the proposal remains stalled due to objections from conservative coalition partners.
Following the EU decision, Poland’s Supreme Administrative Court must now determine whether the marriage will be transcribed into the national registry. Beyond Poland, the European Union countries that still do not allow same-sex marriage are Bulgaria, Slovakia, Hungary, Latvia, and Lithuania.
