The European Union's highest court has ordered Poland to accept same‑sex marriages that were legally concluded in other EU countries.
The judgment stems from the case of a Polish couple who married in Berlin in 2018 and found their union rejected by Polish authorities when they returned home.
The European Court of Justice said member states must respect the rights of EU citizens who marry abroad, including freedom of movement and the right to family life.
Although national governments keep control over marriage laws, the court held they cannot ignore anEU marriage when it matters for those EU rights.
In practice the ruling means Poland must register and recognise the German marriage certificate for the couple’s legal and administrative needs, even though Polish law does not allow same‑sex marriage.
The court added this obligation does not require countries to alter their domestic definitions of marriage more broadly.
The decision comes as EU member states remain divided on same‑sex unions — the Netherlands introduced legal recognition in 2001, while countries such as Poland, Hungary and Slovakia have resisted.
Slovakia recently amended its constitution to restrict adoption to opposite‑sex couples.
Polish politics are also strained on the issue.
A pro‑European coalition in Warsaw has pushed to expand rights for same‑sex partners, but such measures could face a veto from conservative President Karol Nawrocki.
Supporters of the ruling, including coalition ally Katarzyna Kotula and MEP Krzysztof Smiszek, described the outcome as a significant moment for equality.
Legal experts say the ECJ decision sets a clear precedent: when EU freedoms and family life are at stake, member states must recognise valid marriages performed elsewhere in the bloc, even if those unions are not permitted under national law.
The ruling is likely to affect other same‑sex couples moving across the EU and could prompt further legal challenges and policy debates.
