The highest court in the EU ruled that countries in the bloc must recognise same-sex marriages that took place in another member state. The decision was delivered after a couple was refused recognition of their union in Poland.

In 2018, two Polish nationals got married in Germany and then requested their union to be transcribed into Poland’s civil register. However, officials denied their request on the basis that same-sex marriage is not legal in the country.

The couple challenged the decision in a Polish court, which then referred the case to the Court of Justice of the European Union (CJEU) in Luxembourg, asking to interpret EU legislation on the matter. On Tuesday, November 25, the EU court ruled that Poland had infringed on the rights of the same-sex couple by not recognising their marriage.

“It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life,” the court stated. The court expanded on the ruling by saying that EU citizens have a right to move to other member states with the guarantee that they will have “a normal family life” there and upon return to their country of origin.

“When they create a family life in a host member state, in particular by virtue of marriage, they must have the certainty to be able to pursue that family life upon returning to their member state of origin,” the ruling stated.

The CJEU further said that transcribing foreign marriages of heterosexual couples but not of same-sex ones amounted to discrimination.

While the ruling does not require EU member states to introduce legislation to protect same-sex marriage, it establishes that all member states must recognise such unions if performed in one of the countries in the bloc.

In recent years, Poland has faced widespread criticism on its treatment of the LGBTQ+ community. The country has shown signs of progress since Prime Minister and ex-EU President Donald Tusk’s party won the elections in 2023.

Tusk’s pro-European government has been pushing through a bill to recognise same-sex unions. However, the bill has been held back by resistance from their conservative coalition partner.