EU court rules member states must recognise same-sex marriages conducted within the bloc

The European Union’s top court has ruled that member states must recognise a same-sex marriage between EU citizens if the marriage was conducted in any EU country — even if domestic law bans such unions.

The European Court of Justice (ECJ) found that a Polish court acted unlawfully when it refused to acknowledge the marriage of two Polish citizens who wed in Germany in 2018. Polish authorities had declined to register the marriage certificate, citing the national ban on same-sex marriage.

The ECJ said the refusal violated EU law by restricting the couple’s freedom of movement and undermining their right to private and family life.

“The spouses in question, as EU citizens, enjoy the freedom to move and reside within the territory of the Member States and the right to lead a normal family life when exercising that freedom and upon returning to their Member State of origin,” the court said.

The ruling concludes that Poland’s refusal breaches EU standards and directly harms the rights of same-sex couples moving within the bloc.

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