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ECJ Orders EU States to Recognize Same-Sex Marriages Performed in Other Member States

The judgment ties cross-border recognition to EU guarantees of free movement.

Overview

  • The EU’s top court ruled that member states must recognize lawful same-sex marriages of EU citizens conducted elsewhere in the bloc.
  • The court found Poland acted unlawfully by refusing to transcribe the German marriage of two Polish citizens who married in Berlin in 2018.
  • Judges said non-recognition violates the freedom to move and reside and the right to respect for private and family life.
  • The ruling is binding across the EU and concerns recognition only, not the legalization of same-sex marriage within national law.
  • In Poland, a civil partnerships bill is being drafted but faces coalition resistance, and the president has pledged to veto measures seen as undermining marriage’s constitutional status.