EU Court Rules Member States Must Recognise Same-Sex Marriages Lawfully Celebrated in Other Member States

In a landmark judgment, the Court of Justice of the European Union has clarified that Member States are obligated under EU law to recognise a same-sex marriage lawfully concluded in another Member State when its citizens have exercised their freedom of movement and residence.

The case concerned two Polish citizens who were married in Germany — where same-sex marriage is legally recognised — and subsequently sought to have their German marriage certificate transcribed into the Polish civil register. Polish authorities refused the request, citing domestic law that does not permit same-sex marriage. In response to a reference for a preliminary ruling from the Polish Supreme Administrative Court, the EU Court held that such a refusal breaches EU law, as it interferes with the rights to freedom of movement and the right to respect for private and family life guaranteed to Union citizens. Member States must therefore recognise the marital status acquired in another Member State for the purpose of exercising EU-law rights, even if their own national law does not allow same-sex marriage. 

Importantly, the Court emphasised that this obligation does not require Member States to legalise same-sex marriage under domestic law, nor does it prescribe the exact procedure for recognition. Member States retain a degree of discretion in choosing how to recognise foreign marriages, provided that the procedures are applied equally and without discrimination.

The ruling underscores the fundamental principle that EU citizenship rights - including freedom of movement and the right to family life - must be respected by national authorities when individuals move between Member States. 

This decision is expected to have significant social and administrative implications across the European Union, particularly in countries where national law does not currently recognise same-sex marriage but where the citizens of those countries reside or have family ties in Member States that do.