The highest court of the European Union has ruled that member states must acknowledge same-sex marriages, rejecting Poland’s current laws on the matter.
This decision arises from Poland’s refusal to accept a same-sex marriage of two Polish citizens that occurred in Germany. Poland’s legal framework does not recognize same-sex marriages, and this recent ruling extends to how the country deals with marriages established abroad.
The court stated, “This violates not only the freedom of movement and residence, but also the fundamental right to respect for private and family life.” Additionally, it emphasized that if someone builds a family life in another country through marriage, they should be able to maintain that family life when returning to their home nation.
The European High Court addressed this issue after a Polish court sought their guidance when the couple’s request to have their German marriage certificate acknowledged in Poland was denied.
Pavel Knut, the couple’s lawyer, commented on the ruling, saying, “This verdict is historic. This marks a new beginning in the fight for equality and equal treatment for same-sex couples.”
The court clarified that while it does not mandate member states to accept same-sex marriages internally, they cannot discriminate against them when recognizing marriages from other countries.
Poland’s Prime Minister Donald Tusk, whose pro-European coalition is advocating for the legalization of same-sex unions, faces opposition from conservative coalition partners that are hindering this progress. Furthermore, Poland’s nationalist President Karol Nawrocki has stated he would veto any legislation that threatens the constitutionally protected status of marriage.
