The bloc’s highest court ruled on Tuesday that member nations must acknowledge same-sex marriages, issuing a rebuke to Poland’s existing laws on the matter.
The legal action originated after Poland declined to recognize a same-sex marriage between two of its citizens that had been solemnized in Germany. While Polish law currently does not permit same-sex marriage, Tuesday’s judgment specifically addresses how Poland is to recognize existing same-sex marriages.
“It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life,” the court declared in its ruling.
“When individuals establish a family life in a host member state, particularly through marriage, they must have the assurance that they can continue that family life upon returning to their member state of origin,” the court further stated.
The European high court became involved after a Polish court sought a ruling in the case following the two men’s denied request to transfer their German marriage certificate to Poland.
“This decision is historic,” Pawel Knut, the lawyer representing the couple, commented on Tuesday. “It signifies a new beginning in the for same-sex couples.”
Crucially, the court clarified that the ruling does not obligate member countries to allow same-sex marriages within their own borders. It does, however, prevent member nations from discriminating against same-sex marriages when it comes to recognizing unions performed abroad.
The efforts by Polish Prime Minister Donald Tusk’s pro-European coalition government to push through legislation legalizing same-sex unions have been impeded by resistance from his conservative coalition partner.
A prominent figure has also stated an intention to veto “any bill that would undermine the constitutionally protected status of marriage.”
Reuters contributed to this report.