The European Union’s highest court ruled on Tuesday that same-sex marriages must be recognised across the entire bloc, delivering a strong rebuke to Poland for refusing to acknowledge the marriage of two Polish citizens who wed in Germany.
The court found that Poland acted unlawfully by declining to recognise the couple’s marriage when they returned home, citing domestic laws that prohibit same-sex marriage.
In predominantly Catholic Poland, LGBTQ+ rights have long faced political resistance and were often portrayed by previous governments as a harmful foreign influence. However, the current administration has been working on legislation to introduce civil partnerships, including for same-sex couples.
The binding ruling by the EU Court of Justice came after a Polish court sought guidance in the case, which centres on the authorities’ refusal to record the couple’s 2018 Berlin marriage in Poland’s civil registry. The men have been identified only by their initials.
“This ruling is historic,” said the couple’s lawyer, Pawel Knut. “It marks a new beginning in the fight for equality and equal treatment for same-sex couples.” He added that Poland’s Supreme Administrative Court must now decide whether to transcribe the marriage certificate, though he believes the EU ruling leaves it with no choice.
The court emphasised that EU citizens have the right to move freely across member states and maintain “a normal family life,” including when returning to their home country. Once a marriage is legally created in another EU state, couples must have the assurance that their family life will be recognised when they move back.
The ruling does not force EU countries to legalise same-sex marriage domestically, but it does prohibit them from discriminating against same-sex couples by refusing to recognise legally valid foreign marriages.
Progress on Poland’s proposed civil partnership legislation has stalled due to resistance from a conservative coalition partner within Prime Minister Donald Tusk’s pro-EU government. Meanwhile, President Karol Nawrocki has pledged to veto “any bill that would undermine the constitutionally protected status of marriage.”
