Court: Same-sex marriages must be recognized throughout the European Union

Flags of the European Union and the LGBT community. Illustrative photo

On 25 November 2025, the Court of Justice of the European Union issued a landmark ruling stating that same-sex marriages contracted in any EU member state must be recognized throughout the entire bloc. The decision was issued in the case of two Polish citizens whose marriage, registered in Germany, was refused recognition by Polish civil authorities.

In its judgment, the Court stated that refusing to recognize a marriage legally concluded in another EU country violates fundamental rights of citizens – in particular, the freedom of movement and residence, as well as the right to respect for private and family life. The Court emphasized that citizens must be able to maintain a “normal family life” both in the host country and upon returning to their homeland.

The Court stressed that the requirement to recognize such marriages does not oblige member states to legalize same-sex marriage in their domestic legislation. However, EU countries may not discriminate against foreign civil-status documents if similar documents involving heterosexual couples are recognized without restrictions.

“The refusal to recognise a marriage between two Union citizens of the same sex, lawfully concluded in another Member State where they have exercised their freedom to move and reside, may cause serious inconvenience at administrative, professional and private levels, forcing the spouses to live as unmarried persons in their Member State of origin.

For that reason, the Court holds that such a refusal is contrary to EU law. It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life,” stated the press release.

The request for a preliminary ruling was submitted by a Polish court hearing the complaint of a couple who married in Berlin in 2018. The couple’s attorney declined to comment after the ruling was published.

The case has caused broad public debate amid Poland’s ongoing political tensions. Although the new government is working on a bill introducing civil partnerships, including same-sex unions, conservative forces continue to oppose such reforms. Polish President Karol Nawrocki has already stated that he will veto “any bill that undermines the constitutional status of marriage.”

Earlier, the UOJ reported that the ECtHR faced criticism for its ruling against Poland concerning the abortion ban.

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