The European Court of Justice (ECJ) has ruled that all EU member states must recognise marriages legally concluded in another EU country, including same-sex marriages, even if such unions are not permitted under their national laws.
The decision marks a significant victory for LGBTQI+ rights across the bloc but comes amid mounting concerns over renewed political resistance to equality measures and increased hostility toward queer communities in several countries.
The ruling stems from a 2018 case involving two Polish men who married while living in Berlin. After returning to Poland, authorities refused to register their marriage on the grounds that same-sex unions are not recognised under Polish law. The couple’s legal challenge eventually reached the EU’s highest court.
In its judgment, the ECJ affirmed that EU citizens must be able to move and reside freely across member states, stressing that this freedom extends to the recognition of marital status obtained elsewhere in the Union. The court further held that refusing to recognise a legally valid marriage violates the fundamental right to respect for private and family life.
Importantly, the ruling does not require member states to legalise same-sex marriage domestically. Instead, it obliges them to recognise such marriages when performed in another EU country. In Poland’s case, authorities must now recognise same-sex marriages registered abroad, without altering national marriage legislation.
Between 2015 and 2023, Poland was governed by the national-conservative Law and Justice (PiS) party, whose time in office was characterised by growing euroscepticism and a rollback in rule of law standards and social rights, including abortion access and LGBTQI+ protections. PiS MEPs sit with the European Conservatives and Reformists (ECR) group in the European Parliament.
In December 2023, a new centre-right government led by Prime Minister Donald Tusk took office, promising reforms. While the controversial “LGBT-ideology free zones” introduced under PiS have since been abolished, major reforms—particularly on reproductive rights—have yet to fully materialise, and discrimination against LGBTQI+ people remains widespread.
The ruling comes as rightwing and conservative political forces grow stronger across the continent, fuelling moves to restrict LGBTQI+ rights. Earlier this year, Hungary banned the Budapest Pride Parade and prohibited bookstores from selling children’s books that reference LGBTQI+ topics. The decision prompted thousands of activists and politicians to join the parade in protest.
Currently, only 13 EU member states allow same-sex marriage. In 20 others, some form of registered partnership is available to same-sex couples. Six countries—Poland, Hungary, Latvia, Slovakia, Bulgaria and Lithuania—offer no legal recognition for same-sex partnerships, according to data from the European Commission.