The European Union (EU) member states must recognize same-sex marriages that have been legally registered in another EU country, according to a ruling by the EU's highest court.
According to AFP on November 25, the European Court of Justice (ECJ) in Luxembourg ruled in favor of a same-sex couple who, after marrying in Germany, moved to Poland and attempted to register their marriage there but were refused. The couple subsequently filed a lawsuit against the Polish government.
According to the court documents, one member of the couple holds dual German citizenship. The couple married in Berlin in 2018 while residing in Germany. After moving to their home country of Poland, their marriage registration was denied on the grounds that Polish law does not permit same-sex marriage.
The ECJ stated, "As EU citizens, they have the right to move and reside freely within member states, and when exercising this freedom or returning to their home country, they are entitled to enjoy a normal family life."
The court further explained, "The refusal to register their marriage in Poland is contrary to EU law and infringes not only on the freedom of movement and residence, but also on the fundamental right to respect for private and family life."
Poland, where the majority of the population is Catholic and conservative social attitudes prevail, strictly prohibits same-sex marriage and abortion, unlike other Western European countries.
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