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The European Union's highest court has delivered a landmark ruling, stating that all member states must recognize same-sex marriages concluded in another member state for the purposes of granting rights derived from EU law. The decision by the European Court of Justice (ECJ) in Luxembourg stems from a case involving Poland and is a significant step in affirming the free movement rights of all EU citizens, regardless of sexual orientation.
The case was brought forward after Polish authorities refused to transcribe the German marriage certificate of two Polish nationals who had legally married in Berlin. Poland, along with five other EU nations, does not legally recognize same-sex marriage. The government argued that doing so would violate its national constitution and public policy. However, the ECJ clarified that EU law on freedom of movement for citizens and their families takes precedence over national objections in this context.
This judgment builds upon the court's pivotal 2018 Coman decision, which established that the term 'spouse' in EU free movement law is gender-neutral. While the Coman case guaranteed residency rights, this new ruling goes further by addressing the administrative recognition of the marital status itself. The court specified that while a member state is not obligated to introduce same-sex marriage into its national law, it cannot refuse to recognize a marriage legally performed in another EU country when it comes to rights like residency, social security, and freedom from discrimination. According to legal experts, this forces a practical recognition of the union even in countries that oppose it.
The decision has been hailed as a major victory by LGBTQ+ rights advocates across the continent. It directly impacts citizens in Bulgaria, Latvia, Lithuania, Romania, and Slovakia, in addition to Poland. The ruling ensures that same-sex couples will not lose their legal status as married spouses when moving across internal EU borders. While the implementation may face political resistance in some capitals, the binding nature of the ECJ's verdict sets a clear legal standard for the entire bloc, reinforcing the principle that fundamental rights cannot be restricted by national law.
