The European Union’s highest court has issued a landmark ruling stating that same-sex marriages legally conducted in any EU member state must be recognised across the entire bloc. This judgement directly challenges Poland’s refusal to acknowledge the marriage of two Polish citizens who wed in Germany in 2018.
The Court of Justice of the European Union (CJEU) held that Poland’s refusal to register the couple’s German marriage certificate infringes on fundamental EU principles, particularly the freedom of movement and the right to respect for private and family life. The ruling emphasised that although member states are not compelled to legalise same-sex marriage domestically, they must recognise such unions performed abroad to uphold non-discrimination in the exercise of EU rights.
Speaking to various news outlets, the court clarified that EU citizens have the right to maintain a ‘normal family life’ when residing in another member state or upon returning to their country of origin. The refusal to register lawful marriages from other member states was termed a violation of EU law because it undermines citizens’ freedoms and causes significant administrative and personal difficulties for same-sex couples. This mandates that all EU countries must accord recognition to same-sex marriages entered elsewhere in the bloc, ensuring those couples can exercise their entitlements without discrimination or additional hurdles.
The decision emerged from the case of two Polish men who married in Berlin but faced rejection from Poland’s civil registry. Poland’s domestic laws do not allow same-sex marriage, and conservatives within the government and society, influenced by the country’s strong Catholic traditions, have resisted extending marriage rights to LGBTQ+ couples. Despite these cultural and political obstacles, the current government, led by Prime Minister Donald Tusk, has made efforts to introduce legal recognition for same-sex partnerships, albeit limited to civil partnerships rather than full marriage rights. These efforts, however, face resistance from conservative coalition partners and threats of veto from President Karol Nawrocki.
LGBTQ+ rights advocates have hailed the court ruling as a crucial advance toward equality in Europe, underlining the necessity of legal recognition for the dignity and rights of same-sex couples. The court’s decision also signals potential penalties for member states, like Poland, should they fail to comply with the ruling, reinforcing the EU’s commitment to protecting the rights of all its citizens irrespective of national differences on sensitive social issues.
Source: Noah Wire Services
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