In a significant ruling, the European Court of Justice declared on Tuesday that all EU member states must recognize same-sex marriages conducted in other EU nations.
While marriage laws are generally established at the national level, the European Court of Justice (ECJ) has determined that same-sex marriage certificates should be acknowledged throughout the EU, even in countries where such unions are not legally accepted.
As reported by a cross-border court, refusing to recognize same-sex marriages performed in member states is “contrary to EU law as it violates the right to freedom and respect for private and family life.”
The judges pointed out that such non-recognition could lead to significant complications on administrative, professional, and personal levels, effectively forcing couples to live as if they were unmarried.
This ruling stems from a case involving two Polish citizens who wed in Germany in 2018. When they returned to Poland, their same-sex marriage certificate was not acknowledged by the Polish government, which claimed that same-sex marriage is illegal in Poland.
They took their case to Poland’s Supreme Administrative Court, which then referred it to the European Court of Justice in Luxembourg.
The ECJ concluded that “as EU nationals, the spouses in question enjoy the freedom of movement and residence within the territory of the Member State, the right to exercise this freedom and the right to a normal family life upon their return to the Member State of origin.”
“If you have established a family life in your host Member State, especially through marriage, you must be assured that you can continue that family life upon returning to your Member State of origin.”
The court clarified that the ruling does not necessitate governments to legalize same-sex marriage domestically, but it is likely to challenge national decisions regarding these matters.
Countries like Poland and Hungary, often criticized by Brussels for their stance on LGBT rights, have previously faced financial sanctions from the EU over related domestic laws.
Recently, Slovakia’s populist government implemented a constitutional amendment banning same-sex marriage, mirroring Hungary’s approach.
Nevertheless, both nations do recognize same-sex marriages performed abroad, so it appears they will not be directly impacted by the recent ruling from the European Court of Justice.
