Same-sex marriage must be recognized across EU, court rules

A court in Poland was incorrect in a decision not to recognize a marriage between two Polish citizens in Germany, the European Court of Justice (ECJ) ruled on Tuesday.

The Polish court did not recognise the marriage as Polish law prohibits same-sex unions.

What did the ECJ say about same-sex marriage in Poland?

"Refusing to recognise a marriage between two Union citizens, is contrary to EU law because it infringes [the] freedom and the right to respect for private and family life," the ECJ said.

The courts were addressing the case of a Polish couple living in Berlin who married there in 2018 but upon moving to Poland had their application to register their marriage certificate denied "on the ground that Polish law does not allow marriage between persons of the same sex," the ECJ statement said.

"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.

It added that "such a refusal is contrary to EU law" and "infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life."

The European court said member states were not required to allow marriage between people of the same sex in their national laws, but added that EU countries were also not allowed to discriminate against same sex couples in the way they recognise foreign marriages.

A lawyer for the couple declined to comment on the ruling.