EU Court Ruling Demands Poland Recognize Same-Sex Marriages from Other Member States

Tue Nov 25 2025 23:20:29 GMT+0200 (Eastern European Standard Time)

The European Court of Justice has ruled that Poland must recognize same-sex marriages conducted in other EU nations, marking a significant breakthrough for LGBTQ+ rights in the country.

In a landmark ruling, the European Court of Justice has mandated that Poland acknowledges same-sex marriages legally performed in other EU member states. The decision stems from the case of a Polish couple wed in Berlin, whose marriage was not recognized upon their return to Poland. While the ruling allows for the recognition of these marriages, it does not require changes to Polish law, highlighting ongoing tensions surrounding LGBTQ+ rights in the nation.

Poland has been told to recognize same-sex marriages registered elsewhere in the European Union, in a ruling by the EU's top court.

The European Court of Justice (ECJ) stated that EU member states were obliged to recognize a same-sex marriage between two EU citizens that had been lawfully concluded in another member state.

The ruling covers the case of a Polish couple who married in Berlin in 2018. Upon relocating to Poland, authorities refused to accept their marriage certificate as Polish law does not recognize same-sex marriage.

The ECJ clarified that Polish domestic law would not need to be amended to recognize marriages between people of the same sex.

Since the Netherlands recognized same-sex unions in 2001, several EU countries have followed suit, while others like Poland, Hungary, and Slovakia have not.

In its ruling, the ECJ emphasized that while marriage rules are under each member state's jurisdiction, they must still comply with EU law when exercising that authority.

The court underscored that as EU citizens, the Polish couple who married in Germany possessed the rights to freedom of movement and to lead a family life, thus mandating that they be allowed to pursue their family life upon returning to their home country.

Forcing them to live as an unmarried couple in Poland contradicts EU law and infringes upon their rights, the court noted.

Poland's coalition government has made attempts to enhance the rights of same-sex couples, but these efforts may be hindered by a conservative presidential veto. The ruling was applauded by Katarzyna Kotula, a secretary of state and ally of Polish Prime Minister Donald Tusk, who deemed it a pivotal step towards marriage equality.

Centre-left European Parliament member Krzysztof Smiszek remarked on social media that history is happening in relation to this ruling.

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