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

Historic EU Ruling: Member States Must Recognize Same‑Sex Marriages Performed in Other EU Countries

01:30 AM, 11/27/2025
Historic EU Ruling: Member States Must Recognize Same‑Sex Marriages Performed in Other EU Countries

The Court of Justice of the European Union has ruled that member states must recognise same‑sex marriages lawfully performed in other EU countries, finding Poland wrong to refuse transcription of a German marriage. The court said such refusals can breach freedom of movement and the right to private and family life. While nations are not required to legalise same‑sex marriage domestically, they may not apply discriminatory rules when recognising foreign marriages. The case now returns to Poland’s Supreme Administrative Court.

The Court of Justice of the European Union (CJEU) has ruled that EU member states must recognise same‑sex marriages lawfully performed in other member states, rebuking Poland for refusing to transcribe a marriage between two Polish citizens that took place in Germany.

The case concerns a couple who married in Berlin in 2018 and later sought to have their German marriage certificate recorded in Poland’s civil registry. Polish authorities refused on the basis that national law does not allow same‑sex marriage. The CJEU found that refusal unlawful in the circumstances of the case.

“It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life,” the court said.

The court emphasised that EU citizens have the right to move and reside across the bloc and to pursue a normal family life both in host states and when returning to their country of origin. When a family life is created in a host member state, particularly by marriage, people must be able to continue that family life upon return.

Importantly, the ruling does not require member states to change their domestic definition of marriage or to legalise same‑sex marriage at home. Instead, it prohibits discriminatory treatment when recognising marriages lawfully performed in another EU country.

The legal dispute was referred to the CJEU by a Polish court. The couple — identified only by their initials in court papers — were represented by lawyer Pawel Knut, who called the decision “historic” and said it marks a new phase in the fight for equal treatment of same‑sex couples. The case will now return to Poland’s Supreme Administrative Court for further action in light of the CJEU’s ruling.

Domestic politics in Poland remain fraught: the pro‑European government has signalled support for civil partnership legislation that could cover same‑sex unions, but progress has been impeded by resistance from conservative coalition partners and by statements from senior national figures signalling opposition to changes in the constitutional definition of marriage.

What this means across the EU

The decision provides greater legal certainty for couples who marry in one EU state and move to or return to another. National authorities must avoid discriminatory practices when recognising foreign marriages, or they risk breaching EU rules on free movement and fundamental rights. The ruling may prompt administrative adjustments in several member states to ensure consistent recognition of marriages performed elsewhere in the bloc.

Similar Articles

Trending