Poland has been told to recognize same-sex marriages registered elsewhere in the European Union, in a ruling by the EU's top court.
The European Court of Justice (ECJ) stated that EU member states are obliged to recognize a same-sex marriage between two EU citizens that had been 'lawfully concluded in another member state.'
The ruling covers the case of a Polish couple who married in Berlin in 2018. When they decided to move to Poland, authorities refused to accept their marriage certificate, as Polish law does not recognize same-sex marriage.
The ECJ clarified that Polish domestic law does not need to be changed to recognize marriages between people of the same sex.
Since the Netherlands recognized same-sex unions in 2001, several EU nations have followed suit; however, Poland, Hungary, and Slovakia remain resistant to such recognition.
In September, Slovakia's populist-nationalist government changed its constitution to allow only heterosexual couples to adopt children.
In its ruling on Tuesday, the ECJ reiterated that while marriage rules fall within each member state's remit, 'countries are required to comply with EU law in exercising that competence.'
As EU citizens, the Polish couple married in Germany were entitled to freedom of movement and the right to lead a family life. The court emphasized that they must have the certainty to pursue this family life upon returning to their member state of origin, thus marking it contrary to EU law to force them to live as an unmarried couple in Poland.
Though Poland's pro-European coalition government has attempted to promote rights for same-sex couples, such initiatives may be obstructed by conservative President Karol Nawrocki.
The ECJ's ruling was welcomed by Katarzyna Kotula, a secretary of state and ally of Polish Prime Minister Donald Tusk, who viewed it as a significant step toward marriage equality. Similarly, centre-left MEP Krzysztof Smiszek noted on social media that 'history is happening.'
