Reuters
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The EU’s top court ruled on Tuesday that same-sex marriages must be respected across the region, slamming Poland for not recognizing a marriage between its citizens that took place in Germany.
The court argued that Poland’s law did not recognize same-sex marriages and that Poland was wrong to not recognize the couple’s marriage upon their return to Poland.
“This violates not only freedom of movement and residence, but also the fundamental right to respect for private and family life,” the court said.
For years, the fight for LGBT equality in Catholic-majority Poland has been branded by those in power as a dangerous foreign ideology. However, the current government is working on legislation to regulate civil partnerships, including same-sex unions.
The EU Court of Justice has issued a binding judgment at the request of a Polish court dealing with a case by men who challenged the refusal to post their German marriage certificate in a Polish register.
The couple, who married in Berlin in 2018, were identified only by their initials in the case.
“This judgment is historic,” said Pavel Knut, a lawyer representing the couple. “This marks a new beginning in the fight for equality and equal treatment for same-sex couples.”
He said Poland’s Supreme Administrative Court would now have to decide whether to transcribe it, but he believed Tuesday’s ruling was binding.
EU nationals are free to move to another member state, where they return to their country of origin and lead a “normal family life”, the court said.
“If you have established a family life in your host Member State, especially through marriage, you must have confidence that you will be able to pursue that family life upon your return to your Member State of origin.”
The court said this does not require member states to recognize same-sex marriage in domestic law.
However, he added that it is unacceptable to discriminate against same-sex couples by allowing foreign marriages.
Efforts by Prime Minister Donald Tusk’s pro-European coalition government to push through the same-sex union bill have been hampered by resistance from conservative coalition partners.
Poland’s nationalist President Karol Nawrocki also said he would veto “any bill that undermines the constitutionally protected status of marriage.”
