In a major victory for LGBTQ+ families across Europe, the European Union’s highest court has ruled that all EU countries must recognize same-sex marriages performed legally within the bloc — even if those marriages aren’t legal at home. The decision, announced Tuesday, November 25, centers on a Polish couple who married in Berlin in 2018 while living in Germany. When they moved back to Poland, officials refused to record their marriage because Polish law bans same-sex marriage and civil partnerships.
Poland’s Supreme Administrative Court sent the dispute to the EU Court of Justice. In its ruling, the court said, “The spouses in question, as EU citizens, enjoy the freedom to move and reside… and the right to lead a normal family life… upon returning to their Member State of origin.” It added that refusing recognition will contradict EU law and infringe on private and family life. Pawel Knut, the couple’s lawyer, called the decision “historic… a new beginning in the fight for equality and equal treatment.”
At a press conference in Strasbourg, Swedish MEP Emma Wiesner hailed the ruling, which said the member states won’t be required to legalize same-sex marriage, but they can’t block recognition. Meanwhile, Poland’s political battle over marriage equality continues.
