Poland Must Recognize Same-Sex Marriages From Other States
In a landmark ruling, the European Court of Justice ruled on Tuesday that all member states must recognize same-sex marriages performed in other EU countries.
Although laws surrounding marriage are supposed to be determined at the national level, the Court of Justice of the European Union (ECJ) has ruled that same-sex marriage certificates must be recognized across the bloc, even if they are not permitted under national law.
According to Euronews, the transnational court ruled that the refusal to recognize a same-sex marriage performed in another member state is “contrary to EU law because it infringes this freedom and the right to respect for private and family life.”
The judges added that such circumstances “could cause serious administrative, professional and private inconvenience, forcing the spouses to live as single people.”
The ruling comes in a case brought by two Polish citizens married in Germany in 2018. Upon their return to their home country, the Polish government refused to recognize their same-sex marriage certificate, given that such marriages are banned in Poland.
They challenged the decision with the Polish Supreme Administrative Court, which referred its decision to the European Court of Justice, based in Luxembourg.
The ECJ judges ruled that “the spouses in question, as EU citizens, enjoy the freedom to move and reside in the territory of the Member States and the right to lead a normal family life when they exercise this freedom and when they return to their Member State of origin”.
“When they create a family life in a host Member State, in particular through marriage, they must have the certainty of being able to continue this family life on their return to their Member State of origin.”
Although the Court said the ruling does not mean national governments must legalize same-sex marriages within their own borders, the decision will likely undermine national rulings on these issues.
Conservative countries like Poland and Hungary have long been targeted by Brussels over their stances on LGBT issues, and both have faced financial sanctions from the EU over their domestic laws.
In September, Slovakia’s populist government adopted a constitutional amendment banning same-sex marriages, as was already the case in Hungary.
However, both countries recognize same-sex marriages performed abroad and are therefore unlikely to be affected by Tuesday’s ruling by the European Court of Justice.
Follow Kurt Zindulka on X: Follow @KurtZindulka or by email to: kzindulka@breitbart.com
