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7h ago

EU Court Mandates EU‑Wide Recognition of Same‑Sex Marriages

The judgment obliges Poland to register a Berlin marriage under its existing transcription process without altering national marriage law.

Zwei Männer halten sich bei der Eheschließung die Hände.
Die „Equality Parade“ in Warschau im Sommer
Menschen nehmen an der "Equality Parade" in der Warschauer Innenstadt teil.
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Overview

  • The Court of Justice of the EU ruled that a marriage lawfully concluded in one member state must be recognized across the Union when needed to protect free‑movement and family‑life rights.
  • The case stems from two Polish men who married in Berlin in 2018 and were denied transcription of their marriage in Poland.
  • Judges held that refusal to recognize such marriages breaches EU freedom of movement and residence as well as the right to respect for private and family life.
  • Member states retain procedural leeway, but recognition cannot be made impossible or unduly difficult or be discriminatory; because Poland uses transcription as its sole mechanism, it must apply it to this couple.
  • The matter returns to the Polish Supreme Administrative Court, which is bound by the EU court’s interpretation, while some national‑conservative politicians in Poland criticized the ruling.