(Photo Credits: nito from Shutterstock)
In a landmark ruling, the European Union’s highest court mandated that all member states recognize same-sex marriages registered anywhere within the Union, irrespective of national laws. The European Court of Justice (ECJ) tells Poland, which has consistently declined to legally acknowledge these unions. ECJ stated that: “Refusing to recognize a marriage between two Union citizens, is contrary to EU law because it infringes [the] freedom and the right to respect for private and family life,” emphasizing that such denials violate core EU principles.
The judgment stemmed from the case of a Polish same-sex couple who lived and were legally married in Berlin in 2018. When the spouses later returned to Poland, their request to register their marriage certificate was rejected. According to the ECJ summary, Polish authorities refused the application “on the ground that Polish law does not allow marriage between persons of the same sex.”
The couple, who had lived openly as a married pair in Germany, argued that Poland’s refusal impeded their rights as EU citizens. Under EU law, all member states must guarantee freedom of movement and family unity for citizens relocating within the Union.
The court backed this view, stressing that “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.”
While Poland maintains a constitutional ban on same-sex marriage, the ECJ made clear that such national laws cannot override EU protections when it comes to cross-border movement and the legal recognition required to facilitate it. The ruling effectively obligates Poland—and any other member state with similar bans—to acknowledge same-sex marriages performed elsewhere in the EU for administrative and legal purposes.
The court underscored that denying recognition does more than create bureaucratic hurdles; it fundamentally restricts personal freedoms. It concluded that “such a refusal is contrary to EU law” and “infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”
Katarzyna Kotula, secretary of state and ally of Polish Prime Minister Donald Tusk, welcomed the ECJ’s decision, describing it as a key step toward achieving marriage equality. On social media, centre-left MEP Krzysztof Śmiszek echoed the sentiment, writing simply, “history is happening.” Read here and here for more.
It’s encouraging to see human rights being extended and protected in some parts of the world.
Sounds great, but the EU alliance does not function like the Federal US leadership does. There have been challenges with certain member states regarding the rule of law and the supremacy of EU law over national law. So, no, there’s no “must” in what Poland can do when it comes to the matter at hand. What’s the EU going to do if Poland doesn’t abide by the ruling? Sanction them with monetary penalties? Throw the country out of the Union? Declare war? The EU is about as viable as the United Nations and the Paris Accord. No balls. Countries can… Read more »
Good news. But who wants to live in Europe? It’s full of Europeans. And foreigners…