EU’s top court tells Poland to recognize same-sex marriages registered elsewhere in Europe

WARSAW, Poland (AP) – The European Union’s highest court on Tuesday ordered Poland to recognize same-sex marriages registered in other EU countries even if Polish law does not permit them.

EU countries have the obligation to recognize a marriage between two EU citizens of the same sex lawfully concluded in another EU state, the Court of Justice of the European Union ruled.

The ruling addressed the case of a Polish couple who married in Berlin in 2018 and later wanted to move back to Poland. Polish authorities refused to transcribe and recognize the couple’s German marriage certificate.

LGBTQ+ individuals for decades have been fighting for equal rights in Poland, where same-sex marriage and civil partnerships are illegal.

The EU court said the ruling does not mean Poland is obliged to legalize same-sex marriage. But it said the failure to recognize the marriage certificate was in breach of the “freedom to move and reside” as well as the “fundamental right to respect for private and family life.”

Hubert Sobecki with the LGBTQ+ advocacy group Love Does Not Exclude said the Polish government will have to implement the ruling because it comes from the EU’s highest court, meaning the EU executive can impose fines or otherwise exercise political pressure on Warsaw if it does not.

The Polish government led by Prime Minister Donald Tusk faces resistance from conservative members of the governing alliance and the president over legalizing civil partnerships.

“This is an important step on the way to marriage equality,” Katarzyna Kotula, secretary of state at Tusk’s chancellery, said on social media in response to the ruling.

In October, the government presented a proposal that would give same-sex couples the possibility to sign an agreement at the notary giving them certain rights, such as access to medical records or joint tax statements.

It is unclear if conservative new President Karol Nawrocki will accept the proposal. The president can veto proposed legislation.