Historic EU Decision: Same-Sex Marriages Must Be Recognized Across All Member States

The European Union’s top court has ruled that member states must recognize a same-sex marriage between EU citizens conducted in an EU country.

The European Court of Justice (ECJ) ruled that a Polish court was wrong to refuse the recognition of a marriage between two Polish citizens who were married in Germany.

The Polish court had denied recognition because Polish law bans same-sex marriage. According to the ECJ, refusing to recognize a marriage between two EU citizens violates EU law, as it restricts their freedom of movement and their right to private and family life.

The case involved a Polish couple who married in Berlin in 2018. When they later moved to Poland, officials refused to register their marriage certificate, citing the Polish ban on same-sex marriage.

“The spouses in question, as EU citizens, enjoy the freedom to move and reside within the territory of the Member States and the right to lead a normal family life when exercising that freedom and upon returning to their Member State of origin,” the court said.

The court concluded that Poland’s refusal violates EU law and harms both freedom of movement and the right to private and family life.