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EU Court Orders Recognition of Same‑Sex Marriages Across Member States

The judgment compels cross‑border recognition to protect EU free movement, leaving national marriage law unchanged.

Overview

  • Europe’s top court ruled that every EU country must acknowledge same‑sex marriages legally concluded in another member state when free‑movement and family‑life rights are engaged.
  • The court affirmed that marriage regulation remains a national competence and the ruling does not require countries to legalize same‑sex marriage domestically.
  • Member states may choose the recognition method, such as transcribing a foreign marriage certificate, provided it is equivalent, non‑discriminatory, and not excessively burdensome.
  • The judges highlighted that refusal to acknowledge such marriages can cause serious administrative, professional, and private hardships, effectively treating spouses as single.
  • The case arose from a Polish couple married in Germany whose transcription was denied in Poland, and Poland’s Supreme Administrative Court must now apply the ruling to the dispute.