The European Union's highest judicial authority has issued a landmark ruling, asserting that same-sex marriages performed legally in one EU member state must be recognized across the entire bloc. On November 25, the EU Court of Justice delivered a binding decision that specifically rebuked Poland for its refusal to acknowledge the marriage of two of its citizens, who had legally wed in Germany.
The court's judgment stemmed from a case involving a Polish couple who married in Berlin in 2018. Upon their return to Poland, authorities declined to transcribe their German marriage certificate into the national registry, citing Polish law which does not permit same-sex unions. This refusal sparked a legal battle, eventually reaching the EU's top court via a referral from a Polish court.
Upholding Fundamental Rights
The Court of Justice unequivocally stated that Poland's stance infringed upon fundamental EU principles. It highlighted violations of not only the freedom to move and reside within the Union but also the fundamental right to respect for private and family life. The ruling emphasized that EU citizens forming a family life in a host member state, particularly through marriage, should be confident that this family life will be upheld upon their return to their country of origin.
Crucially, the court clarified that this ruling does not compel member states to introduce same-sex marriage into their national laws. Instead, it mandates that they cannot discriminate against same-sex couples by refusing to recognize marriages validly concluded abroad. This distinction is vital for understanding the scope of the judgment.
Poland's Stance and Future Outlook
Poland, a predominantly Catholic nation, has historically seen the struggle for LGBT+ equality characterized by some in power as a "dangerous foreign ideology." However, the current pro-European coalition government, led by Prime Minister Donald Tusk, has been working towards a Bill to regulate civil partnerships, including same-sex unions. Despite these efforts, progress has been hampered by resistance from conservative coalition partners and the nationalist President Karol Nawrocki. President Nawrocki has publicly declared his intent to veto any legislation that he believes undermines the "constitutionally protected status of marriage" as defined in Poland.
This ruling by the EU Court of Justice underscores the ongoing tension between national legal traditions and the broader principles of EU law concerning fundamental rights and freedom of movement. It sets a clear precedent for how member states must treat legally contracted same-sex marriages from other EU countries, even if their own national laws do not permit such unions. The decision marks a significant moment for LGBT+ rights within the European Union, reinforcing the principle of non-discrimination across borders.