Luxembourg (Brussels Morning Newspaper) – European Union member nations must recognise a marriage between EU citizens of the same sex lawfully concluded in another member country, the Court of Justice of the European Union said on Tuesday, following a complaint by two Polish citizens married in Germany.
“Refusing to recognise 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 court stated.
What happened to the Polish couple seeking recognition?
As reported, two Polish residents of Germany, one of whom is also German, tied the knot in Berlin in 2018. In order for their marriage to be recognised in Poland, they asked that the marriage certificate they had obtained in Germany be entered into the Polish civil register. They wanted to travel to Poland and live there as a married couple.
Their request was denied by the appropriate authorities on the grounds that same-sex marriage is prohibited by Polish law.
Why was Poland’s civil registry decision deemed unlawful?
The court stated that Poland was incorrect in failing to recognize a marriage between two Polish citizens in Germany because Polish law prohibits same-sex marriage.
“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 said
“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”.
What previous EU court ruling mirrors this case?
In the 2018 case of Coman and Others v. Romania, a similar court decision regarding same-sex marriage recognition in the EU was made. In that instance, the European Court of Justice decided that in order to guarantee freedom of movement within the EU, member states must acknowledge the residency rights of same-sex spouses of EU citizens.
It established that the non-EU spouse in a same-sex marriage must be granted residency rights, even though it did not require member states to legalise same-sex marriage domestically.
The rights of same-sex couples in family law contexts were further strengthened in 2021 when the EU’s top court ruled that member states must recognise same-sex parents and their children as a family throughout the bloc.
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