Top EU court mandates same-sex marriage recognition across borders

The EU’s top court ruled Tuesday that when a same-sex couple is legally married in one member country, any other member country where they move or reside must recognize that marriage.

The case concerned two Polish citizens who were resident in Germany and married in Berlin in 2018. When they sought recognition of their marriage in Poland, authorities refused, citing national law, which does not recognize same-sex marriages.

The couple took the case to the Polish Supreme Administrative Court, which referred it to the Court of Justice of the European Union. The Luxembourg-based court said this was contrary to EU law because it “infringes” on the freedom of movement “and the right to respect for private and family life.”

In a press release summarizing the judgment, the court added: “Member States are therefore required to recognize, for the purpose of the exercise of the rights conferred by EU law, the marital status lawfully acquired in another Member State.”

Member countries “enjoy a margin of discretion to choose the procedures for recognizing such a marriage,” the court added.

The court stressed, however, that its ruling does not oblige countries to introduce same-sex marriage under their domestic laws.