Same-sex marriage must be recognized across EU, court rules – DW – 11/25/2025

European Union countries must recognize the lawful same-sex marriages of EU citizens conducted in other member states, the bloc's top court has ruled.

A court in Poland was incorrect in a decision not to recognize a marriage between two Polish citizens in Germany, the European Court of Justice (ECJ) ruled on Tuesday.

The Polish court did not recognize the marriage as Polish law prohibits same-sex unions.

What did the ECJ say about same-sex marriage in Poland?

"Refusing to recognize a marriage between two Union citizens, is contrary to EU law because it infringes [the] freedom and the right to respect for private and family life," the ECJ said.

The courts were addressing the case of a Polish couple living in Berlin who married there in 2018 but upon moving to Poland had their application to register their marriage certificate denied "on the ground that Polish law does not allow marriage between persons of the same sex," the ECJ statement said.

"The spouses in question, as EU citizens, enjoy the freedom to move and reside within the territory of the Member States and the right to lead a normal family life when exercising that freedom and upon returning to their Member State of origin," the court said.

It added that "such a refusal is contrary to EU law" and "infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life."

Ruling does not require EU member states to allow marriage between people of the same sex

The court said the ruling did not require member states to allow marriage between people of the same sex in their laws.

But they are not allowed to discriminate against same-sex couples in the way they recognize foreign marriages, it added.

Poland's centrist government has tried to push through a bill on same-sex unions but has been held back by resistance from its conservative coalition partner.

Poland's nationalist President Karol Nawrocki has said he would veto "any bill that would undermine the constitutionally protected status of marriage."