CRBC News
Culture
Society
Security
Health
Conflict
Science
Technology
Politics
Environment
Lifestyle
Economy

EU Court Rules Member States Must Recognise Same‑Sex Marriages Performed in Other EU Countries

The European Court of Justice has ruled that EU member states must recognise same‑sex marriages legally contracted in other EU countries when couples move, even if domestic law bars such unions. The decision stemmed from a case of two men married in Germany who were denied recognition in Poland, a move the court found breached their right to a "normal family life." While the ruling mandates recognition of foreign marriages under EU law, it does not force countries to legalise same‑sex marriage domestically. The case now returns to Polish courts to implement the recognition.

12:03 AM, 11/26/2025Politics
EU Court Rules Member States Must Recognise Same‑Sex Marriages Performed in Other EU Countries

The European Court of Justice (ECJ) in Luxembourg has ruled that European Union member states must recognise same‑sex marriages legally contracted in another EU country when couples relocate, even if those member states do not permit same‑sex marriage under their domestic law.

The case concerned two men who were lawfully married in Germany but, on returning to Poland, were denied official recognition because same‑sex marriage is not legal there. The ECJ found that the refusal to transcribe the German marriage certificate into Poland's civil register infringed the couple's rights, including their right to a "normal family life."

Legal basis and implications

The court emphasised that national rules governing the capacity to marry remain within the competence of individual member states, but those rules must be applied in a manner consistent with EU law. Because EU citizens enjoy the right to move and reside freely across the bloc, the ECJ held that couples who have established a family life in one member state must be able to continue that family life when they return to their country of origin.

"Such a refusal is contrary to EU law. It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life," the judgment said.

Importantly, the ruling requires member states to recognise marriages performed abroad for the purposes covered by EU law, but it does not oblige countries to legalise same‑sex marriage domestically or to change their national marriage laws.

Next steps

The matter now returns to Poland's national court, which must instruct authorities to officially recognise the couple's marriage; the court may determine how that recognition is to be recorded administratively. The decision builds on a 2018 ECJ precedent that affirmed the rights of married same‑sex EU citizens to live together in any member state for purposes of EU free movement rules.

Of the EU's 27 member states, a small number maintain constitutional or statutory bans on same‑sex marriage, though several of those states provide alternative legal mechanisms for recognising same‑sex partnerships. The ECJ ruling clarifies that such national systems must still respect EU guarantees on freedom of movement and family life when dealing with marriages legally performed in other member states.

Similar Articles

Trending