EU’s top court tells Poland to recognize same-sex marriages registered elsewhere in Europe

EU Court Orders Poland to Recognize Same-Sex Marriages from Member States

The European Union’s highest court delivered a landmark ruling on Tuesday, requiring Poland to recognize same-sex marriages legally performed in other EU countries, despite Poland’s own prohibition of such unions.

In its decision, the Court of Justice of the European Union ruled that EU member states must recognize marriages between two EU citizens of the same sex that were lawfully concluded in another member country. The case centered on a Polish same-sex couple who married in Berlin in 2018 and later sought to return to Poland. When the couple attempted to have their German marriage certificate recognized in Poland, authorities refused to transcribe or acknowledge the document.

The court clarified that the ruling does not compel Poland to legalize same-sex marriage within its borders. However, it determined that Poland’s refusal to recognize the marriage certificate violated fundamental EU principles, including the “freedom to move and reside” and the “fundamental right to respect for private and family life.”

This decision comes amid decades of struggle for equal rights by LGBTQ+ individuals in Poland, where both same-sex marriage and civil partnerships remain illegal. The conservative Catholic nation has long resisted pressure to expand LGBTQ+ rights, creating tension with EU institutions that champion equal treatment across member states.

Hubert Sobecki from the LGBTQ+ advocacy group Love Does Not Exclude emphasized the binding nature of the ruling, noting that the Polish government will be obligated to implement it. As a decision from the EU’s highest court, Poland faces potential financial penalties or political pressure from the EU executive if it fails to comply.

The ruling presents a significant challenge for Prime Minister Donald Tusk’s government, which must navigate resistance from conservative coalition members and Poland’s president. While Tusk’s administration has shown more openness to LGBTQ+ rights than the previous Law and Justice government, meaningful legislative change remains difficult.

“This is an important step on the way to marriage equality,” said Katarzyna Kotula, secretary of state at Tusk’s chancellery, in a social media response to the ruling.

In October, Tusk’s government proposed limited recognition for same-sex couples, which would allow them to sign notarized agreements providing specific rights, including access to medical records and joint tax statements. However, it remains unclear whether the conservative President Karol Nawrocki will support this modest reform, as the president holds veto power over proposed legislation.

The court’s decision reflects a growing divide within the EU between progressive Western European countries that have embraced marriage equality and more conservative Eastern European nations that maintain traditional definitions of marriage. Similar legal challenges have emerged in other Eastern European countries where same-sex marriage remains prohibited.

Legal experts note that the ruling may have far-reaching implications beyond Poland, potentially affecting how other EU member states that don’t recognize same-sex marriage handle such unions performed abroad. The decision reinforces the principle that EU citizens should not lose fundamental rights when moving between member states.

For LGBTQ+ Poles who have married abroad, the ruling represents a significant victory in their quest for recognition, though it falls short of full marriage equality. Activists hope this decision will catalyze broader social and political change in Poland, where public opinion on LGBTQ+ rights has gradually become more accepting, particularly among younger generations.