By Oluchi Omai
In a landmark ruling on 25 November 2025, the Court of Justice of the European Union (CJEU) declared that EU member states must recognise same-sex marriages lawfully performed in other member countries even if their national laws do not permit such unions.
A Legal Turning Point for EU Equality
The judgment stems from the case of a Polish same-sex couple who married in Berlin in 2018. When they returned to Poland, the authorities refused to register their German marriage certificate, citing national laws that do not allow same-sex marriage.
The CJEU ruled this refusal violates core EU principles: the freedom to move and reside across member states, as well as the fundamental right to respect for private and family life. According to the court, these rights cannot be undermined simply because a marriage was conducted in another EU country.
What the Ruling Means — and What It Doesn’t
Importantly, the court clarified that its decision does not force every EU country to legalise same-sex marriage domestically. Instead, it imposes a more limited but powerful obligation: states must recognise the marital status of same-sex couples when that status was legally established in another member state.
In practical terms, this could mean registering or transcribing foreign marriage certificates, but without creating new legal frameworks for same-sex marriage if they do not already exist.
Broader Implications and Political Pushback
For countries like Poland, where same-sex marriage remains legally prohibited, the ruling represents a significant rebuke. The court’s insistence that “refusal to recognise” such marriages is discriminatory puts pressure on governments to reconcile national law with EU obligations.
Yet there are limits: the court said member states may choose how they implement recognition, “they are not allowed to discriminate … but they do retain discretion over the procedures.”
This ruling comes amid rising tension in several EU states over LGBTQ+ rights. In Poland, efforts to introduce civil-partnership legislation have repeatedly clashed with conservative forces.
The Human and Legal Stakes
At its heart, this verdict is about more than legal technicalities; it affirms the dignity of same-sex couples who have built a life together in one country and wish to continue that life in another. As the court put it, EU citizens must have “certainty… to be able to pursue that family life” when they return to their home country.
For many, this represents a milestone: a reaffirmation that love and legal recognition should transcend borders, and that EU membership comes with real protections — even when today’s national laws lag behind.
Source: euronews
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