The EU forces member states to recognize same-sex marriages! The European Court of Justice overturns Poland’s stance

The Court of Justice of the European Union has delivered a direct blow to Poland, ruling that all EU member states are required to recognize same-sex marriages legally performed in another EU country.

The decision is immediate and binding for all 27 member states, regardless of their domestic legislation.

The case that led to this ruling involved a Polish couple married in Berlin in 2018, identified only by their initials. When they returned to Poland, authorities refused to register their marriage certificate, arguing that Polish law does not recognize same-sex marriages. The couple challenged this decision in Polish courts, which then requested interpretation from the EU Court of Justice.

In its ruling, the Court emphasized that this refusal restricts the freedom of EU citizens to move and reside in any member state, while also infringing on the fundamental right to respect for private and family life. According to the court, EU citizens must have legal certainty that when they form a family life in one member state, they can continue it when returning to their country of origin.

The Court also clarified that the ruling does not force states to legalize same-sex marriages on their own territory, but it requires them not to discriminate against marriages legally performed in another member state. This means that Poland and other countries that do not recognize same-sex marriage domestically are obliged to recognize foreign marriages for administrative, legal, and family purposes.

The couple’s lawyer has not commented on the decision, but human rights organizations in Poland and across the EU have hailed it as a historic victory for the LGBT+ community and for the freedom of EU citizens.

“KORÇA BOOM”