Court of Justice of the European Union (CJEU) in Luxembourg.
The decision does not force all European Union countries to legalize gay marriage, but it does oblige them to recognize unions made in countries where marriage is legal.
The Court of Justice of the European Union (CJEU) ruled this Tuesday that Poland violated EU law by refusing to recognize a same-sex marriage, held in Germany, between two Polish citizens.
The case involves two men, identified only by their initials, who married in Berlin in 2018 and later moved to Poland. Polish authorities rejected the couple’s request to transcribe German marriage certificate to the national civil registry, claiming that the Constitution and Civil Code of Poland do not allow same-sex marriage.
In the binding ruling, the EU’s highest court declared Poland’s refusal illegal. “It infringes not only on the freedom to come and go, but also on the fundamental right to respect for private and family life“, declared the court.
The decision was handed down following a request from a Polish court overseeing the case brought by the couple. The Court of Justice of the European Union (CJEU) has emphasized that EU citizens must be able maintain a “normal family life” when they cross borders and when they return to their countries of origin. When couples form a family in another Member State, including through marriage, the country of origin must guarantee continuity, the judges said.
The court clarified that the decision does not oblige Member States to legalize same-sex marriage in their territories. However, it prohibits States from discriminating against same-sex spouses when recognizing marriages performed abroad, says the .
The decision carries particular political weight in Poland, a predominantly Catholic nation where gay rights have long been a point of conflict and seen as a threat to traditional values. Although the current pro-EU government, led by Prime Minister Donald Tusk, has drafted legislation to allow civil unions, including for same-sex couples, progress has been hampered by resistance from conservative coalition partners.
