CJEU Ruling: Marriage for All Must Be Recognized Throughout the Entire EU

The ECJ supported a Polish couple with its ruling, who had married in Berlin and wanted to move to Poland. There, they applied for the transcription of their German marriage certificate in the Polish civil registry. The Polish authorities rejected this, as Polish law does not recognize same-sex marriages and the transcription of the marriage certificate contradicts the fundamental principles of the Polish legal system.

ECJ: Decision on Marriage for All Remains with EU Countries

The ECJ now decided: Such a refusal violates Union law. This violates the right to freedom of movement and residence and the fundamental right to respect for private and family life. However, the judges emphasized that the obligation to recognize does not mean that EU countries must provide for same-sex marriage in their national law. They can choose how the marriages are recognized.

Since the transcription of the marriage certificate in Poland is currently the only means of recognition, Poland must also grant it to same-sex couples. The specific case still needs to be decided by the Polish courts, which must take into account the ECJ's guidelines. According to an overview by the European umbrella organization of lesbian, gay, bisexual, trans, and intersex organizations Ilga, Poland, along with Lithuania, Romania, and Slovakia, is among the EU countries with particularly restrictive rules regarding rainbow families.

Reactions from Austria to ECJ Ruling on Marriage for All

The ruling "clearly shows us that the rights of LGBTIQ+ people in the EU are non-negotiable," said David Stögmüller, LGBTIQ+ spokesperson for the Greens. "The fact that the ECJ now confirms that same-sex marriages must be valid EU-wide is a strong signal: Human rights do not end at national borders," emphasized Stögmüller in a statement. SPÖ-EU Member of Parliament Elisabeth Grossmann commented that the European Court of Justice strengthens the back of hundreds of thousands of families in Europe. "Even if marriage for all in Poland is still a thing of the future, this ruling is a strong signal, because love knows no boundaries!"

(APA/Red)

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