The European Union’s top court has ruled that if a same-sex couple’s marriage is legally recognized in the country where it took place, the other bloc’s member states are also obliged to recognize the marriage, writes Politico.
The case concerns two Polish citizens who lived in Germany and got married in Berlin in 2018. When they wanted their marriage to be recognized in Poland as well, the authorities refused to do so, citing national law. The couple filed a lawsuit with the Polish Supreme Administrative Court, which referred the case to the EU Court of Justice. The court in Luxembourg ruled that Poland’s position of not recognizing the marriage was contrary to EU law because it restricted freedom of movement and the right to respect for private and family life.
In a press release, the court noted that member states must recognize the status of marriages legally acquired in another country in order to be able to exercise the rights provided for in EU law. The statement added that the procedures for recognizing such marriages are left to the discretion of the member states.
The court pointed out that the ruling does not oblige the bloc’s member states to apply domestic legislation to introduce same-sex marriages.
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EU court: Member States must recognize same-sex marriages concluded in another bloc’s country
