In a landmark decision, the Court of Justice of the European Union (CJEU) has ruled that Poland must recognize same-sex marriages legally conducted in other EU member states, despite Polish law not permitting such unions. The ruling emerged from a case involving a Polish couple who married in Berlin in 2018 and later sought to return to Poland, only to have their marriage certificate rejected by Polish authorities. The CJEU emphasized that EU countries are obligated to acknowledge marriages between same-sex EU citizens lawfully concluded in another member state, citing violations of the ‘freedom to move and reside’ and the ‘fundamental right to respect for private and family life.’ However, the court clarified that the ruling does not compel Poland to legalize same-sex marriage domestically. Hubert Sobecki of the LGBTQ+ advocacy group Love Does Not Exclude noted that the Polish government must comply with the ruling, as non-compliance could result in fines or political pressure from the EU. The decision comes amid ongoing struggles for LGBTQ+ rights in Poland, where same-sex marriage and civil partnerships remain illegal. Prime Minister Donald Tusk’s government has faced resistance from conservative factions and President Karol Nawrocki over proposals to grant limited rights to same-sex couples, such as access to medical records and joint tax statements. The ruling marks a significant step toward marriage equality in Poland, though its full implementation remains uncertain.
EU’s top court tells Poland to recognize same-sex marriages registered elsewhere in Europe
