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3h ago

EU Court Orders Poland and Other States to Recognize Same-Sex Marriages Performed Elsewhere

The binding judgment cites EU freedom of movement to require recognition for rights under EU law.

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FILE - People take part in the Gay Pride parade in Warsaw, Poland, June 9, 2018. (AP Photo/Czarek Sokolowski, file)
A participant waves a flag as people from LGBTQ+ community and their allies parade the city to claim visibility and equal rights, in Cologne, Germany July 21, 2024. REUTERS/Jana Rodenbusch
CRACOW, POLAND - 2021/08/14: A participant seen holding a placard saying "Make Poland Gay Again" during the march. Annual Equality March also known as 'Pride Parade'. This year's march attracted more participants than in previous years, while the number of counter-protesters decreased. In Poland, a fierce public debate is taking place between tolerance supporters, with center or left-wing views, and conservative, nationalist, Catholic right-wing circles, which are expressing their aversion to the LGBT community in an increasingly ruthless manner. Opponents of the LGBT community accuse it of trying to carry out a moral revolution. Those in favor of tolerance recall that discrimination on grounds of sexual orientation is a feature of totalitarian societies. (Photo by Filip Radwanski/SOPA Images/LightRocket via Getty Images) Annual Equality March also known as 'Pride Parade'. This year's march attracted more participants than in previous years, while the number of counter-protesters decreased. In Poland, a fierce public debate is taking place between tolerance supporters, with center or left-wing views, and conservative, nationalist, Catholic right-wing circles, which are expressing their aversion to the LGBT community in an increasingly ruthless manner. Opponents of the LGBT community accuse it of trying to carry out a moral revolution. Those in favor of tolerance recall that discrimination on grounds of sexual orientation is a feature of totalitarian societies. (Photo by Filip Radwanski/SOPA Images/LightRocket via Getty Images)

Overview

  • The case arose from two Polish citizens married in Berlin in 2018 whose marriage was refused entry into Poland’s civil register.
  • Judges ruled that non-recognition breaches EU citizens’ freedom of movement and the fundamental right to private and family life.
  • Member states must recognize marital status lawfully acquired in another EU country for the exercise of rights under EU law, without being obliged to legalize same-sex marriage at home.
  • Governments retain a margin of discretion over procedures, but recognition cannot be made impossible, excessively difficult, or discriminatory.
  • The matter returns to Polish authorities for transcription, with rights groups forecasting many couples will seek recognition in Poland and warning of potential friction with domestic politics and EU enforcement.