In a landmark judgment for LGBTQ+ rights in Europe, the Court of Justice of the European Union (ECJ) ruled on Tuesday that Poland must legally recognise a same-sex marriage that was lawfully conducted in another EU member state, Germany. This decision came after a complaint was filed by a binational Polish-German couple whose marriage registration was refused by Polish authorities.
The Case That Sparked the Ruling
The case involved a couple, one Polish and one Polish-German national, who were residing in Germany and entered into marriage in Berlin back in 2018. When they decided to move to Poland, they requested that their marriage certificate be officially registered there. However, Polish authorities rejected their application. The ECJ, in its statement, confirmed that the refusal was based solely on the grounds that Polish law does not allow marriage between persons of the same sex.
The court strongly disagreed with this stance. It emphasised that the spouses, as citizens of the European Union, are entitled to the fundamental freedom to move and reside within any member state. This freedom includes the right to lead a normal family life, both when exercising that freedom abroad and upon returning to their country of origin. The ECJ stated unequivocally that such a refusal is contrary to EU law and infringes upon the core rights to private and family life.
Reactions and Wider Implications
The ruling was met with immediate approval from advocacy groups. The Polish NGO Campaign Against Homophobia welcomed the decision, labelling it as very positive. This verdict is particularly significant given the context of Poland, a predominantly Catholic nation that has not implemented the same social and secular reforms as many other European countries since the early 2000s.
The impact of this judgment is expected to be substantial. Polish associations estimate that between 30,000 and 40,000 Polish citizens have entered into same-sex marriages abroad. Following this ECJ ruling, there is an anticipation of a surge in cases where couples will approach city halls across Poland to have their foreign marriages recognised, asserting their rights under EU law.
Adding a political voice to the support, Poland's Education Minister, Barbara Nowacka, also welcomed the court's decision. She described it as an important victory for the respect of rights and human dignity, signalling a potential shift in the political discourse surrounding LGBTQ+ rights in the country.
