Germany Ruling: Poland must recognize same-sex marriage
EU states must recognize same-sex marriages performed in other member states, according to a ruling by the Court of Justice of the European Union (CJEU). EU citizens must have the certainty of being able to continue their family life in different EU countries, the judges in Luxembourg ruled. This is part of their right to move freely within the EU.
25.11.2025, 12:42
25.11.2025, 16:30
SDA
The Court thus backed a Polish couple who had married in Berlin. Because they wanted to move to Poland and live there as a married couple, they applied to have the marriage certificate issued in Germany transcribed in the Polish civil status register.
The Polish authorities refused on the grounds that Polish law does not permit marriage between people of the same sex. The transcription of the marriage certificate was contrary to the basic principles of the Polish legal system.
ECJ: Decision on "marriage for all" remains with EU member states
The ECJ has now ruled that such a refusal violates EU law. This would violate the right to freedom of movement and residence and the fundamental right to respect for private and family life.
However, the judges emphasized that the recognition obligation does not mean that EU states must provide for same-sex marriage in their national law. They can choose the way in which marriages are recognized. However, as the transcription of the marriage certificate in Poland is currently the only means of recognition, Poland must also grant it to same-sex couples. The specific case still has to be decided by the Polish courts, which must comply with the requirements of the ECJ.
The case represents a significant step towards the protection of same-sex couples throughout the EU, especially in countries that do not yet grant legal recognition and protection to same-sex couples, commented Ilga, the European umbrella organization of lesbian, gay, bisexual, trans and intersex organizations. According to a survey by Ilga, Poland, along with Lithuania, Romania and Slovakia, is one of the EU countries with particularly restrictive rules regarding rainbow families.
