EU’s top court rules same-sex marriages must be recognized across all member states

The European Union’s highest court ruled Tuesday that member countries must recognize same-sex marriages, rebuking Poland’s laws on the issue.

The court case arose after Poland refused to recognize a same-sex marriage between two of its citizens that had taken place in Germany. Polish law currently does not allow same-sex marriage, but Tuesday’s ruling applies to how Poland recognizes existing same-sex marriages.

“It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life,” the court wrote in its ruling.

“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 court added.

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The European high court became involved after a Polish court requested a ruling in the case after the two men were denied a request to transfer their German marriage certificate to Poland.

“This ruling is historic,” Pawel Knut, the lawyer representing the couple, said Tuesday. “It marks a new beginning in the fight for equality and equal treatment for same-sex couples.”

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Critically, the court clarified that the ruling does not require member countries to allow same-sex marriages within their borders. It does, however, prevent members nations from discriminating against same-sex marriages when it comes to recognizing foreign marriages.

Polish Prime Minister Donald Tusk’s pro-European coalition government’s work on pushing through a bill legalizing same-sex unions has been held back by resistance from his conservative coalition partner.

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Poland’s nationalist President Karol Nawrocki has also said he would veto “any bill that would undermine the constitutionally protected status of marriage.”

Reuters contributed to this report.