EU Court Mandates Recognition of Same-Sex Marriages Across Member States
Published 25 November 2025
Highlights
- The European Court of Justice ruled that EU member states must recognize same-sex marriages registered in other EU countries.
- The ruling came from a case involving a Polish couple married in Germany in 2018, whose marriage was not recognized upon returning to Poland.
- The court emphasized that while marriage laws are a national competence, they must comply with EU law, ensuring freedom of movement and family life.
- Poland's government is working on a bill to regulate civil partnerships, but faces opposition from conservative factions.
- The ruling does not require member states to legalize same-sex marriage domestically but prohibits discrimination against foreign same-sex marriages.
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Rewritten Article
EU Court Mandates Recognition of Same-Sex Marriages Across Member States
In a landmark decision, the European Court of Justice (ECJ) has ruled that all European Union member states must recognize same-sex marriages legally performed in other EU countries. This decision directly impacts Poland, which has been criticized for its refusal to acknowledge such unions.
Background of the Case
The ruling stems from a case involving a Polish couple who married in Berlin in 2018. Upon their return to Poland, authorities refused to recognize their marriage certificate, citing national laws that do not permit same-sex marriages. The couple, whose identities remain protected, challenged this decision in court, leading to the ECJ's involvement.
Legal Implications and EU Law
The ECJ clarified that while marriage laws fall under national jurisdiction, they must align with EU principles, particularly regarding freedom of movement and the right to family life. The court stated, "When they create a family life in a host member state, in particular by virtue of marriage, they must have the certainty to be able to pursue that family life upon returning to their member state of origin."
Poland's Political Landscape
Poland's pro-European coalition government, led by Prime Minister Donald Tusk, has been attempting to advance LGBT rights, including a bill to regulate civil partnerships. However, these efforts face significant resistance from conservative elements within the government and President Karol Nawrocki, who has vowed to veto any legislation perceived to undermine traditional marriage.
Reactions and Future Prospects
The ECJ's decision has been hailed as a significant step towards marriage equality by advocates like Katarzyna Kotula, a secretary of state in Poland. Meanwhile, Krzysztof Smiszek, a member of the European Parliament, described the ruling as a historic moment for LGBT rights in Europe.
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Scenario Analysis
The ECJ's ruling sets a precedent that could influence future legal battles over LGBT rights within the EU. While it does not compel member states to legalize same-sex marriage domestically, it reinforces the principle of non-discrimination across borders. In Poland, the ruling may intensify the ongoing debate over LGBT rights, potentially impacting upcoming legislative efforts. As the EU continues to navigate the balance between national sovereignty and collective rights, this decision underscores the importance of aligning national laws with broader European values.
In a landmark decision, the European Court of Justice (ECJ) has ruled that all European Union member states must recognize same-sex marriages legally performed in other EU countries. This decision directly impacts Poland, which has been criticized for its refusal to acknowledge such unions.
Background of the Case
The ruling stems from a case involving a Polish couple who married in Berlin in 2018. Upon their return to Poland, authorities refused to recognize their marriage certificate, citing national laws that do not permit same-sex marriages. The couple, whose identities remain protected, challenged this decision in court, leading to the ECJ's involvement.
Legal Implications and EU Law
The ECJ clarified that while marriage laws fall under national jurisdiction, they must align with EU principles, particularly regarding freedom of movement and the right to family life. The court stated, "When they create a family life in a host member state, in particular by virtue of marriage, they must have the certainty to be able to pursue that family life upon returning to their member state of origin."
Poland's Political Landscape
Poland's pro-European coalition government, led by Prime Minister Donald Tusk, has been attempting to advance LGBT rights, including a bill to regulate civil partnerships. However, these efforts face significant resistance from conservative elements within the government and President Karol Nawrocki, who has vowed to veto any legislation perceived to undermine traditional marriage.
Reactions and Future Prospects
The ECJ's decision has been hailed as a significant step towards marriage equality by advocates like Katarzyna Kotula, a secretary of state in Poland. Meanwhile, Krzysztof Smiszek, a member of the European Parliament, described the ruling as a historic moment for LGBT rights in Europe.
What this might mean
The ECJ's ruling sets a precedent that could influence future legal battles over LGBT rights within the EU. While it does not compel member states to legalize same-sex marriage domestically, it reinforces the principle of non-discrimination across borders. In Poland, the ruling may intensify the ongoing debate over LGBT rights, potentially impacting upcoming legislative efforts. As the EU continues to navigate the balance between national sovereignty and collective rights, this decision underscores the importance of aligning national laws with broader European values.
