The European Union court has ruled that member states must recognize same-sex marriages, saying on Tuesday that Poland wrongly refused to acknowledge the marriage of two Polish citizens who wedded in Germany, adding that the refusal violated their rights.
The EU court of justice said Poland’s failure to register the couple’s German marriage certificate “infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life”. Poland does not permit same-sex marriages under national law, which was the basis for the initial refusal.
The binding ruling came after a Polish court handling the men’s case asked the EU court for guidance. The couple married in Berlin in 2018 and have been identified only by their initials. Their lawyer declined to comment on the decision.
The court said EU citizens must be able to move freely within the bloc and maintain “a normal family life” both abroad and when they return home.
It added: “When they create a family life in a host member state, in particular by virtue of marriage, they must have the certainty to be able to pursue that family life upon returning to their member state of origin.”
The court noted that member states are not required to legalize same-sex marriages in their domestic laws. However, they cannot discriminate against same-sex couples when recognizing marriages performed elsewhere.
In Poland, a predominantly Catholic country, LGBT+ rights have long been contentious, with previous governments framing them as a foreign threat.
The current administration led by Donald Tusk has been drafting a bill to regulate civil partnerships, including same-sex unions, but progress has stalled due to opposition from a conservative coalition partner. President Karol Nawrocki has said he would veto “any bill that would undermine the constitutionally protected status of marriage”.
- The Guardian (UK)