EU court orders Member States to recognise same-sex marriages registered abroad
– 1 min read
The European Union’s highest court has ruled that all member states must recognise same-sex marriages legally performed in other EU countries, even if their own national laws prohibit such unions.
The landmark judgment from the Court of Justice of the European Union (CJEU) came after two Polish citizens, married in Berlin in 2018, were denied registration of their marriage certificate upon returning to Poland. Authorities cited Polish law, which does not allow marriage between persons of the same sex.
The court declared that such refusals breach EU law, infringing on citizens’ freedom of movement and their fundamental right to respect for private and family life. “Member States are required to recognise, for the purposes of exercising rights conferred by EU law, the marital status lawfully acquired in another Member State,” the judgment stated.
However, the ruling does not compel countries to introduce same-sex marriage domestically. National governments retain discretion over their own marriage laws, but they cannot discriminate against couples seeking recognition of marriages performed elsewhere in the bloc.
Polish LGBT advocacy groups hailed the decision as “very positive”, predicting a surge in applications to register foreign marriages. Poland, a predominantly Catholic country, has yet to legalise same-sex unions, though the current government is considering civil partnership legislation amid strong opposition from conservative factions.
