EU rules Poland must recognize same-sex marriage contracted in Germany

The European Union’s top court ruled on Tuesday that Poland must recognize a same-sex marriage concluded in another member state, saying EU law on free movement and family life overrides national rules that ban such unions.

The CJEU found that refusing to recognize a marriage legally concluded between two EU citizens in another member state is contrary to EU rules guaranteeing the right to move, reside and lead a normal family life, including after returning to one’s home country.

Photo: Serhiy Bondar/Shutterstock

The case concerned two Polish citizens who married legally in Berlin in 2018 and later moved to Poland.

Authorities refused to transcribe their German marriage certificate into the Polish civil status register, arguing that Polish law does not allow same-sex marriage.

Poland’s Supreme Administrative Court asked the Court of Justice of the European Union (CJEU) whether such refusal, and the ban on registering same-sex marriages contracted in other EU countries, is compatible with EU law.

The CJEU found that refusing to recognize a marriage legally concluded between two EU citizens in another member state is contrary to EU rules guaranteeing the right to move, reside and lead a normal family life, including after returning to one’s home country.

The court stressed that recognition of such marriages does not require Poland to introduce same-sex marriage into domestic law and does not threaten national identity or public order.

But as Poland makes recognition of foreign marriages dependent on their transcription into the national register, it must apply the same rules to same-sex and opposite-sex couples and may not discriminate on grounds of sexual orientation.

(jh)

Source: PAP, IAR