ECJ mandates mutual recognition for free movement rights, rebuking Poland in case of Berlin-wed couple, amid divides over LGBTQ+ equality
EU Court Mandates Recognition of Same-Sex Marriages Across Bloc in Landmark Ruling
The European Court of Justice (ECJ) delivered a groundbreaking decision on November 25, 2025, requiring all EU member states to recognize same-sex marriages legally performed in other bloc countries, regardless of their domestic laws prohibiting such unions. The ruling arose from a case involving two Polish citizens—one with dual Polish-German nationality—who married in Berlin in 2018 but faced rejection when seeking to register their marriage in Poland. The court held that such refusals violate EU free movement principles and the fundamental right to private and family life under the EU Charter of Fundamental Rights.
Origins of the Case
The Polish couple resided in Germany, where they wed legally, but Polish authorities denied transcription of their marriage certificate, citing national laws defining marriage solely as between a man and a woman. This forced them to live as unmarried in Poland, creating administrative barriers for residence, inheritance, and family benefits. The Polish Supreme Administrative Court referred the dispute to the ECJ, which examined whether denying recognition impedes EU citizens’ rights to move and reside freely while maintaining family life established abroad.
Legal Basis and Key Arguments
ECJ judges ruled that refusals cause “serious inconvenience” at administrative, professional, and private levels, compelling couples to forgo marital status upon return home. EU law demands certainty in continuing family life formed in a host state, without discrimination based on status acquired elsewhere. While marriage regulation remains a national competence, member states must comply with EU law, applying recognition procedures “without distinction” or extra hurdles for same-sex unions.
Scope and Limitations of the Ruling
The decision binds all 27 EU states for purposes of EU rights like residence permits and family reunification but does not compel legalization of same-sex marriage domestically. It applies only to marriages validly concluded in another member state, not civil partnerships or non-EU unions. More than half the bloc—starting with the Netherlands in 2001—already permits same-sex marriage, but holdouts like Poland, Hungary, and Italy must now transcribe foreign certificates seamlessly.
Reactions from Stakeholders
LGBTQ+ groups celebrated the verdict as “historic,” advancing equality and mobility for thousands of couples. The couple’s lawyer described it as ensuring “normal family life” across borders. Polish nationalists, including President Karol Nawrocki, decried it as overreach, pledging to uphold constitutional definitions, while Prime Minister Donald Tusk’s pro-EU coalition faces internal tensions over related reforms.
Broader EU Context and Precedents
This judgment extends prior ECJ cases on cross-border family rights, such as those involving unmarried or same-sex partners invoking free movement. It highlights ongoing divides in the bloc, where 16 states recognize same-sex marriage versus conservative resistance elsewhere. Amid rising populism, the ruling reinforces supranational protections, potentially influencing future litigation on spousal benefits, adoption, and pensions.
