European Court of Justice rules that Member States must recognise same-sex EU marriages lawfully concluded in another Member State.
The decision marks an important step for the rights of LGBTQI+ people and family life across the EU. It also ensures that EU citizens can fully exercise their freedom to move and live in any Member State.
The case centred two Polish citizens who married in Germany in 2018 and want to move back to Poland. Polish authorities refused to officially record their marriage certificate since same sex is illegal under national law there. The couple challenged the decision forcing the EU Court’s inclusion for guidance.
Freedom of movement is one of the core facets of EU membership and must be upheld, which this ruling ensures. Liberals welcome the Court’s ruling which ensures families are not disrupted or forced to live as if they were unmarried. The ruling ensures all countries must respect EU rules when it affects citizens’ rights.
The Court clarified that Poland does not have to introduce same-sex marriage domestically. But it must treat foreign marriages equally for same-sex and opposite-sex couples. Since Poland only recognises foreign marriages through civil registration, it must apply this procedure to same-sex couples as well.
This ruling is a strong step forward for equality and the rights of LGBTQI+ people across Europe.
ALDE Party President, Svenja Hahn MEP, labelled the decision:
“A landmark victory for many all over Europe. Today, the EU becomes a bit better for a lot of people. This is a huge step towards a fairer and safer Europe, especially for the LGBTQIA+ community.”
Read more from liberal leaders on the ruling below.