EU Court Mandates Recognition of Same-Sex Marriages Across Bloc, Rebukes Poland for Refusal
The highest judicial authority of the European Union, the European Court of Justice (ECJ), issued a decisive ruling on Tuesday, December 3, 2025, mandating that marriages between same-sex couples must be legally acknowledged by all member states throughout the entire political bloc. This landmark judgment specifically reprimanded Poland for its refusal to register such a union, citing violations of fundamental EU rights. The court determined that Poland had acted unlawfully by declining to recognize the marriage of a same-sex couple, both Polish citizens, who had legally wed in Germany before returning to their home country. Poland had based its refusal on the premise that its national legislation does not permit the solemnization of marriages between individuals of the same sex. The ECJ explicitly stated that this non-recognition infringes upon not only the core EU principle of freedom of movement and the right of residence but also contravenes the fundamental right to respect for private and family life, as reported by NT24.
The binding decision from the European Court of Justice was issued in response to a direct request from a Polish court handling the case of the two men. The couple had launched a legal challenge against the refusal by the Polish Civil Status Register Office to enter their German marriage certificate into the national records. For the purposes of the legal proceedings, the couple, who were married in Berlin in 2018, were identified solely by their initials. Pawel Knut, the legal representative for the pair, described the ruling as a "historic" moment and characterized it as a "new beginning in the fight for equality and equal treatment for same-sex couples." Mr. Knut clarified that while the ECJ's verdict is legally binding, Poland's Supreme Administrative Court must now make the final decision regarding the actual entry into the register.
The judges emphasized that all citizens of the European Union possess an inherent right to relocate to any other member state, establish a "normal family life" there, and critically, maintain that established family life upon their return to their country of origin. Specifically, the Court articulated that individuals who form a family life in a host member state, particularly through the act of marriage, must be granted the assurance that they can continue that family life when moving back to their home country. The Court was careful to note, however, that the ruling does not compel member states to amend their national laws to permit the solemnization of same-sex marriage within their borders. Nonetheless, the ruling unequivocally prohibits member states from discriminating against same-sex couples when it comes to the recognition of marriages legally performed in other EU nations.
This legal intervention comes as the newly formed pro-European coalition government led by Prime Minister Donald Tusk is actively working on a draft law aimed at regulating civil partnerships, which would encompass same-sex unions. Progress on this legislative effort, however, is significantly hampered by strong resistance from a conservative coalition partner within the government. Adding further complication, the Polish nationalist President Karol Nawrocki has publicly announced his intention to veto "any bill that would undermine the constitutionally protected status of marriage," suggesting a potentially prolonged legislative standoff. In the predominantly Catholic nation of Poland, the struggle for LGBT equality has historically been characterized by ruling powers as a dangerous, foreign-backed ideology for many years.
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