European Court in key ruling on recognition of same-sex marriages
A European Union country is obliged to recognise a marriage between two EU citizens of the same sex that has been lawfully concluded in another member state where they have exercised their freedom to move and reside, the European Court of Justice said in a judgment on November 25.
The judgment arises from a request to the court by the Polish Supreme Administrative Court for a ruling.
The Polish Supreme Administrative Court is hearing the case of two Polish citizens, one of whom also has German nationality, who in 2018 were married in Berlin.
Wanting to go to Poland and reside there as a married couple, they requested that their marriage certificate drawn up in Germany be transcribed in the Polish civil register so that their marriage would be recognised in Poland. That request was refused on the ground that Polish law does not allow marriage between persons of the same sex.
The European Court of Justice found that refusing to recognise a marriage between two EU citizens, lawfully concluded in another member state where they have exercised their freedom to move and reside, is contrary to EU law because it infringes that freedom and the right to respect for private and family life.
EU member states are therefore required to recognise, for the purpose of the exercise of the rights conferred by EU law, the marital status lawfully acquired in another member state, the Court of Justice said.
The court emphasised, however, that that obligation does not require marriage between persons of the same sex to be introduced under domestic law.
In addition, EU member states have a margin of discretion to choose the procedures for recognising such a marriage.
Nevertheless, when a member state chooses to provide for a single procedure for recognising marriages concluded in another member state, such as the transcription of the marriage certificate in the civil register, it is required to apply that procedure equally to marriages concluded between persons of the same sex, the Court of Justice said.
(Photo: Ludovic Bertron)
