The EU Court of Justice has ruled that same-sex marriages must be recognized in all EU member states, rebuking Poland for refusing to acknowledge a marriage performed in Germany. A landmark decision reshaping family rights and freedom of movement across Europe.
A Landmark Ruling That Shakes the EU
In a decision already being called one of the most significant victories for LGBTQ+ rights in Europe, the EU’s highest court ruled that same-sex marriages must be recognized across the entire European Union — regardless of national laws.
The verdict directly targets Poland, which refused to recognize the marriage of two Polish men who wed in Berlin in 2018.
The court called Poland’s refusal a direct violation of fundamental EU freedoms.
“It infringes not only the freedom to move and reside, but also the fundamental right to private and family life.”
This ruling sets a powerful precedent:
If an EU citizen marries abroad — their marriage must be respected everywhere in the Union.
Freedom to Have a ‘Normal Family Life’ Across Europe
The case was initially brought forward by a Polish court after the couple challenged authorities for refusing to transcribe their German marriage certificate into the Polish registry.
The implications are massive.
The EU court stated that citizens must have the certainty that family life created in one member state continues to exist when they return home—even if their home country doesn’t allow same-sex marriage.
In short:
Poland doesn’t have to legalize same-sex marriage. But it DOES have to recognize marriages legally performed elsewhere in the EU.
A Turning Point for LGBT Rights in Poland?
For years, LGBTQ+ rights in Poland have been dragged through political battles, often framed as a “foreign ideology” by previous conservative governments.
However, the new government led by Donald Tusk’s pro-European coalition has pledged reforms, including the introduction of civil partnerships.
Yet progress is slow — resistance inside the coalition and the threat of a veto from Poland’s nationalist President Karol Nawrocki remain major obstacles.
Nawrocki has vowed to veto “any bill that undermines the constitutionally protected status of marriage.”
Lawyer: ‘This ruling is historic. A new beginning.’
The couple’s lawyer, Pawel Knut, called the decision “historic,” emphasizing that it marks a new chapter in the fight for equality.
He expects Poland’s Supreme Administrative Court to now comply with the EU ruling.
And legally?
The judgment is binding.
Poland must follow EU law.
What This Means for All EU Citizens
The message from the EU Court could not be clearer:
- EU citizens must be able to move freely.
- Their marriages must be respected wherever they go.
- No EU country can strip them of their family life.
This ruling protects couples across Europe — and delivers a powerful signal to governments resisting equality.
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