EU members must recognise same-sex marriage says European Court of Justice, rebuking Poland
The ECJ clarified that Poland does not need to change its domestic marriage laws, but it must recognise same-sex marriages performed abroad
By Aaron Sugg
The European Court of Justice (ECJ) has ruled that EU member states must recognise same-sex marriages that are lawfully concluded in another EU country, directing the ruling specifically at Poland.
It rebuked Poland for refusing to recognise a marriage between two male citizens in 2018 after they wedded in Germany later returning to their home country.
The ECJ clarified that Poland does not need to change its domestic marriage laws, but it must recognise same-sex marriages performed abroad.
“The fundamental right to respect for private and family life” – The European Court of Justice states Poland should recognise same-sex marriage
In a statement, the court said: “It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”
The case involves two Polish citizens who married in Berlin in 2018. Their lawyer, Pawel Knut, celebrated the victory. As reported by Reuters, he said: “This ruling is historic.”
He added: “It marks a new beginning in the fight for equality and equal treatment for same-sex couples.”
“The spouses in question, as EU citizens, enjoy the freedom to move and reside” – ECJ on the Poland same-sex marriage case
The court said: “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.”
“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,” the judgment continued.
Same-sex adoption is illegal in Poland. The law prohibits same-sex couples from adopting together, as well as single individuals.
Some EU countries recognise same-sex marriage, while others such as Poland, Hungary and Slovakia, do not. Under the Constitution of Poland (Article 18), marriage is defined as a union between a man and a woman.
Although there has been some progress, in 2024 the government led by Donald Tusk announced a draft bill to allow registered partnerships for same-sex couples, though not equivalent to marriage. The bill has not yet become law.
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