CJEU: States must recognise same-sex marriages contracted in the Union

European Union countries must recognise same-sex marriages legally contracted in another EU country. This was confirmed by the Court of Justice of the EU in a ruling.

The Court said that Poland was wrong not to recognise a marriage between two Polish citizens contracted in Germany on the grounds that Polish law does not allow same-sex marriage.

"The refusal to recognise a marriage between two citizens of the Union is contrary to European Union law because it violates freedom and the right to respect for private and family life," the court elaborated.

However, according to the Court, the obligation to recognise does not violate national identity or undermine the public policy of the spouses' Member State of origin. "At the same time, that obligation does not mean that that State must regulate in its national law the marriage of two persons of the same sex," it assessed.

The CJEU issued the binding ruling at the request of a Polish court dealing with a case involving men who challenged the refusal to have their German marriage certificate transcribed in the Polish registry office.

The couple, who married in Berlin in 2018, are identified in the case only by their initials. Their defence lawyer declined to comment on the decision.

As the court reasoned in its verdict, European Union citizens have the freedom to move to other member states and lead a "normal family life" when they return to their country of origin. "Once they have established a family life in the host Member State, in particular on the basis of a marriage, they must be certain that they will be able to continue that family life after their return to their Member State of origin."

Meanwhile, a similar ruling was already issued by a European Union judicial body in 2016. At that time, a Romanian citizen who had married a US citizen in a Union State was in a similar situation.

Meanwhile, the current Polish government is working on a draft law that would regulate registered partnerships, including same-sex unions.

The work of Prime Minister Donald Tusk's pro-European coalition government to pass a law on same-sex unions has been hampered by opposition from his conservative coalition partner. Polish President Karol Nawrocki has also said he will veto "any bill that would undermine the constitutionally protected status of marriage".

(reuters, max)