European Court of Justice Mandates EU-Wide Recognition of Same-Sex Marriages
The European Court of Justice (ECJ) has ruled that European Union (EU) member states are obligated to recognize same-sex marriages lawfully concluded in another member state between two EU citizens. This decision particularly impacts countries like Poland, which does not currently recognize same-sex unions under its domestic law.
Case Background
The ruling originated from a case involving a Polish couple who married in Berlin in 2018. Upon their return to Poland, national authorities declined to accept their marriage certificate, citing Polish law's non-recognition of same-sex marriage.
Court's Clarification and Reasoning
The ECJ clarified that its ruling does not necessitate Poland or other member states to amend their domestic laws to formally recognize same-sex marriages. Instead, it mandates the recognition of such marriages when legally performed in other EU countries for the purposes of freedom of movement and family life rights.
The court underscored that as EU citizens, the couple possessed the right to freedom of movement and the right to lead a family life. The ECJ stated that individuals must have the certainty of being able to continue their family life upon returning to their country of origin. Therefore, compelling them to live as an unmarried couple in Poland was deemed contrary to EU law and an infringement of their rights.
Wider Context in the EU
Since the Netherlands recognized same-sex unions in 2001, several other EU member states have followed suit. However, some nations, including Poland, Hungary, and Slovakia, have not. In September, Slovakia's government notably amended its constitution to permit only heterosexual couples to adopt children.
Reactions in Poland
Katarzyna Kotula, a secretary of state and an ally of Polish Prime Minister Donald Tusk within the pro-European coalition government, welcomed the ECJ's decision. She characterized it as an "important step on the path to marriage equality." Similarly, Krzysztof Smiszek, a centre-left Member of the European Parliament, commented on social media that "history is happening." The current Polish government has expressed intentions to advance the rights of same-sex couples, although such legislative measures could potentially face a veto from conservative President Karol Nawrocki.