The European Union’s top court ruled on Tuesday that same-sex marriages must be acknowledged across all member states, issuing a strong reprimand to Poland for its refusal to recognize the union of two Polish men who married in Germany.
The Court of Justice of the European Union determined that Polish authorities acted unlawfully when they declined to register the couple’s marriage after the men moved back to Poland, citing national laws that prohibit same-sex marriage.
“It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life,” the court stated.
Fight for ‘normal family life’
In Poland, where Catholic values strongly influence public life, LGBT rights have long been dismissed by previous governments as a harmful foreign concept.
The current administration, however, has started drafting legislation to formally recognize civil partnerships, including those of same-sex couples.
The binding judgment from the EU court came following a request by a Polish court handling the couple’s challenge after authorities refused to transcribe their 2018 Berlin marriage certificate into the Polish registry.
The men involved have been referred to only by their initials.
“This ruling is historic,” said Pawel Knut, the pair’s lawyer. “It marks a new beginning in the fight for equality and equal treatment for same-sex couples.”
Knut noted that the case would now proceed to Poland’s Supreme Administrative Court, which must decide on the transcription.
He added that the EU court’s decision should be regarded as binding.
The CJEU reaffirmed that EU citizens are entitled to move freely across the bloc and enjoy “a normal family life” both while living abroad and after returning home.
“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 said.
The judges clarified that member states are not required to introduce same-sex marriage domestically.
However, they cannot discriminate against same-sex couples when recognizing marriages legally performed in another EU state.
Despite Prime Minister Donald Tusk’s pro-EU coalition pushing for legal recognition of same-sex unions, progress has been slowed by resistance from conservative partners within the government.
Poland’s nationalist president, Karol Nawrocki, has also vowed to veto “any bill that would undermine the constitutionally protected status of marriage.”
