Europe’s top court announced on Tuesday that all EU countries must acknowledge same-sex marriages performed in other member states—an order that many see as another intrusion into national authority. The ruling singled out Poland for declining to recognise the German marriage of two Polish citizens, even though Polish law does not permit such unions.
According to the court, Poland’s refusal violated EU freedom-of-movement rules and the right to private and family life. However, one can argue that the decision effectively redefines family law from Brussels, bypassing national legislation and public opinion.
Clash with Poland’s legal framework and traditions
In Poland—a country with deep Catholic roots—successive governments have argued that marriage policy should remain a national matter. While the current administration has been drafting a civil partnership bill, including provisions for same-sex couples, the EU’s intervention now places additional pressure on Polish lawmakers.
The binding decision originated from a Polish court’s request for clarification after authorities rejected the transcription of a German marriage certificate for a couple who wed in Berlin in 2018. The men were identified only by initials, and their lawyer declined to comment.
The EU court insisted that citizens must be able to move freely within the bloc and maintain “normal family life,” even when returning to a country whose laws define marriage differently. This line of reasoning is unacceptable, as it effectively obliges member states to recognise marital arrangements they do not permit under their own laws.
While the ruling stops short of forcing countries to legalise same-sex marriage domestically, it does obligate them to accept foreign same-sex marriages exactly as they would opposite-sex ones—a requirement some see as undermining national constitutional protections.
Prime Minister Donald Tusk’s pro-EU coalition has struggled to advance its same-sex union legislation due to objections from its conservative partners. Meanwhile, President Karol Nawrocki has reiterated that he will veto any bill he believes threatens the constitutionally defined status of marriage.
