Historic ruling requires EU countries, including Poland, to recognize foreign same-sex marriages, affirming rights to family life and freedom of movement.

The European Union Court of Justice (CJEU) delivered a landmark ruling on November 26, 2025, stating that same-sex marriages must be recognized throughout the EU. The decision directly rebuked Poland for refusing to register a marriage between two Polish citizens that took place in Germany.

Details of the Case

The case involved a couple who wed in Berlin in 2018. Upon returning to Poland, their marriage was refused recognition by Polish authorities because the country’s law does not allow marriage between people of the same sex.

The EU court ruled that Poland’s refusal violated the couple’s rights under EU law, stating:

“It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”

The court emphasized that EU citizens have the right to pursue a normal family life across member states and must have certainty that their family rights are preserved when returning to their country of origin.

Implications for Poland

While the ruling does not require Poland to legalize same-sex marriage domestically, it must recognize same-sex marriages performed in other EU countries. This decision is binding and will influence how Polish authorities process foreign marriage registrations for same-sex couples.

Polish lawyer Pawel Knut, representing the couple, described the decision as historic, calling it a “new beginning in the fight for equality and equal treatment for same-sex couples.” He added that Poland’s Supreme Administrative Court must now act in accordance with the ruling.

Wider Context in Poland

Poland, a predominantly Catholic country, has historically resisted LGBT rights, with opponents framing the movement as a foreign ideology. The current pro-European coalition government, led by Prime Minister Donald Tusk, has attempted to pass a civil partnerships bill that includes same-sex unions. However, progress has been slowed by opposition from conservative coalition partners.

Nationalist President Karol Nawrocki has also warned he would veto any legislation that challenges the constitutionally protected definition of marriage, highlighting ongoing political tensions surrounding LGBT rights in Poland.

EU Perspective on Family Rights

The CJEU clarified that while member states are not obligated to allow same-sex marriage in national law, they cannot discriminate against same-sex couples when recognizing foreign marriages. This ruling sets a precedent across the EU, ensuring equal treatment for married couples regardless of sexual orientation when exercising rights such as freedom of movement and residency.