The European Union’s Court of Justice ruled that EU countries must recognize same-gender marriages after a same-gender Polish couple’s marriage certificate was denied.
In 2018, a same-gender Polish couple lived in Germany, one of whom had German nationality and eventually got married in Berlin. Soon after, they requested that their marriage certificate be transcribed in the Polish civil register so their marriage could be recognized and respected in Poland. Authorities refused because Polish law doesn’t permit marriages or relationships with the same gender. The Polish couple challenged their decision with the Polish Administrative Court, which referred this case to the Court of Justice.
The report on this case from the Court of Justice states, “A Member State has the obligation to recognize a marriage between two Union citizens of the same sex that has been lawfully concluded in another Member State where they have exercised their freedom to move and reside.” A Member State is a country that’s a member of the European Union. They come together to “make things better, safer, and easier for people.” But by being a Member State, according to the report, even if a country has anti-LGBTQ+ laws, if it is a Member State, it needs to recognize same-gender marriage. Nothing needs to be integrated into national law, but same-sex marriage needs to be recognized.
“According to the Court, the obligation to recognize does not undermine the national identity or pose a threat to the public policy of the spouses’ Member State of origin. It does not require a Member State to provide for marriage between persons of the same sex in its national law. In addition, the Member States enjoy a margin of discretion to choose the procedures for recognising such a marriage, and the transcription of a foreign marriage certificate is just one of the possible procedures. Nevertheless, the Court emphasises that those procedures must not render such recognition impossible or excessively difficult or discriminate against same-sex couples on account of their sexual orientation …”
Reuters, a major global news agency, got a small statement from Pawel Knut, the lawyer representing the Polish couple. “This ruling is historic. It marks a new beginning in the fight for equality and equal treatment for same-sex couples.” This ruling is indeed historic, but not unheard of in European Countries. Some stories include a trans woman winning a legal battle over her employer (Notes from Poland), the European Court ruling that Russia violated the freedom of speech of LGBTQ+ websites supporting and advertising the community (The Moscow Times), and the European Court slamming the Czech Republic over the Trans Sterilization law (Mamba Online). These stories show progress, and progress means hope for our future in this world full of change, hate, and confusion.
Another sign of progress is that Donald Tusk, Poland’s prime minister, has been working on a same-gender bill, according to Reuters. Unfortunately, it has been resisted by Poland’s president, Karol Nawrocki, who said that he would veto “any bill that would undermine the constitutionally protected status of marriage.”
Unfortunately, we can see a parallel of this in the United States from people such as Kim Davis, a woman who wanted the Supreme Court to overturn the gay marriage ruling. Thankfully, the Supreme Court refused to hear. It’s progress, but we still have a long way to go, especially with being under the Trump Administration. Let’s hope 2026 continues our progress.
European Union’s Court of Justice Ruled European Countries to Recognize Same-Gender Marriages
