In a landmark judgment that strengthens LGBTQ+ rights across the European Union, the European Court of Justice (ECJ) has declared that Polish courts acted incorrectly by refusing to recognize the marriage of two Polish citizens who wed in Germany.
ECJ's Groundbreaking Ruling on Marriage Recognition
The European Court of Justice delivered its significant verdict on Tuesday, stating that Poland's refusal to acknowledge the same-sex marriage violated fundamental EU laws. The court emphasized that such denial infringes upon the freedom and right to respect for private and family life guaranteed to all European Union citizens.
The case centered around a Polish couple residing in Berlin, where they legally married in 2018. When the couple returned to Poland and attempted to register their marriage certificate, Polish authorities rejected their application based on national laws that prohibit same-sex unions.
Legal Battle and EU Citizen Rights
The ECJ clarified that while member states maintain the authority to decide whether to legalize same-sex marriage within their national legislation, they cannot discriminate against same-sex couples when recognizing marriages conducted in other EU countries. The court strongly affirmed that EU citizens enjoy the freedom to move and reside anywhere within member states and must be able to lead normal family lives when exercising these rights, including upon returning to their home countries.
The ruling specifically addressed the case of the Polish couple living in Berlin who married there in 2018. The court noted that refusing to recognize their marriage not only violated their freedom of movement but also breached their fundamental right to respect for private and family life.
Broader Implications for EU Member States
This decision establishes an important precedent for how EU countries must handle foreign marriages of same-sex couples. The ECJ made it clear that member states cannot use their domestic laws as justification for discriminating against couples married legally in other EU nations.
The ruling represents a significant step forward for LGBTQ+ rights in Poland, which has faced criticism for its conservative stance on same-sex relationships. While the decision doesn't require Poland to legalize same-sex marriage domestically, it mandates recognition of such unions performed in other EU countries, ensuring that Polish citizens can exercise their EU rights fully.
The legal representative for the Polish couple involved in the case has declined to comment on the ruling, leaving the couple's future plans regarding their marriage recognition in Poland uncertain.
