EU Forcing Member States to Recognize Same-Sex Marriages Conducted Abroad

London-The Court of Justice of the European Union (CJEU) has ruled that all EU member states are obliged to recognize same-sex marriages legally concluded in another country, even if domestic law does not permit such unions.

The case was brought by two Polish citizens who married in Germany but were refused recognition of their marriage in Poland, where same-sex marriage remains illegal. The couple appealed to the CJEU, arguing that the refusal violated their rights as EU citizens.

In its decision, the court found that denying recognition of a legally concluded same-sex marriage is “contrary to European law” because it restricts citizens’ freedom of movement within the EU. According to the ruling, EU nationals must be able to relocate across member states while retaining the family rights they have acquired elsewhere in the union.

Same-sex marriages are not currently permitted in Bulgaria, Poland, Romania, Slovakia, Latvia, or Lithuania. The ruling does not compel these countries to legalize same-sex marriage domestically, but it does require them to acknowledge such marriages for the purposes of EU free-movement rights.