EU Court Mandates Cross-Border Recognition of Same-Sex Marriages

EU Court Declares Same-Sex Marriages Must Be Recognised Across All Member States

In a historic judgment, the European Union Court of Justice has ruled that same-sex marriages legally performed in any EU member country must be recognised across the entire bloc , regardless of a state's domestic laws. The verdict marks a major advancement for marriage equality and directly challenges Poland’s previous refusal to acknowledge a same-sex marriage registered in Germany.

Case That Triggered the Precedent

The case was initiated by a Polish couple who married in Berlin in 2018 and later returned to Poland. Despite holding a legally valid German marriage certificate, authorities in Poland refused registration, citing national legislation that recognises only heterosexual unions. The dispute reached the European court after Polish judges requested clarity on the couple’s EU-based rights.

Court Says Free Movement and Family Life Were Violated

The EU judges concluded that the refusal undermined freedom of movement , which guarantees citizens the right to relocate within the bloc without losing their legal family status. The ruling emphasised that member states are obligated to recognise same-sex marriages for civil-status purposes, even if domestic laws do not permit such unions. Importantly, the decision does not compel countries to legalise same-sex marriage internally , but mandates recognition of marriages performed elsewhere.

Pressure on Poland as Reform Debates Continue

The timing of the decision is notable, coinciding with Poland’s slow-moving debate on whether to introduce registered civil partnerships. Opposition remains strong within conservative political factions, and President Karol Nawrocki has vowed to oppose legal changes he believes violate constitutional definitions of marriage.

Exam Oriented Facts

• All EU states must recognise same-sex marriages performed in another member state.

• Freedom of movement and family life formed the legal basis of the judgment.

• The case involved a Polish couple married in Germany in 2018.

• Recognition is mandatory, but legalisation of same-sex marriage is not required.