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EU Top Court Orders States to Recognize Same-Sex Marriages Performed in Other Member Countries

The judgment arose from a Polish case, requiring civil‑registry transcription for EU rights purposes without mandating national legalization.

Overview

  • The Court of Justice of the European Union ruled on 25 November that member states must recognize same‑sex marriages lawfully contracted in another EU country when the spouses exercised free‑movement and residence rights.
  • The case concerned two Polish citizens married in Germany whose request to transcribe their marriage in Poland was refused under national law.
  • Judges found that non‑recognition violates EU freedom of movement as well as the right to respect for private and family life.
  • Because Poland grants full administrative effect to foreign marriages only through transcription, authorities must apply that procedure equally to same‑sex couples to avoid sexual‑orientation discrimination.
  • The decision leaves national marriage laws unchanged yet prompted swift political reactions, including Italian calls for full marriage equality and responses from church leaders and conservative parties.