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EU Court Mandates Recognition of Same-Sex Marriages Across All Member States
Europe’s highest court has delivered a landmark ruling requiring all European Union member states to recognize same-sex marriages lawfully performed in other EU countries. The judgment, issued by the Court of Justice of the European Union (CJEU), ensures that couples married in one member state will have their marital status acknowledged throughout the bloc, even in countries where same-sex marriage is not legally permitted.
The case stemmed from two Polish citizens who married in Berlin in 2018. Upon returning to Poland, their request to have their marriage registered was denied on the grounds that Polish law does not allow same-sex marriage. The couple challenged the decision, and the matter was referred to the CJEU. The court ruled that refusing recognition infringes on EU citizens’ freedom of movement and the right to respect for private and family life, both of which are protected under EU law.
While the ruling does not force individual nations to legalize same-sex marriage domestically, it obliges them to respect marriages performed elsewhere in the EU. This means that same-sex couples will now enjoy equal treatment when exercising rights tied to marital status, such as residency, healthcare, taxation, and inheritance, regardless of where they live within the union.
The decision is seen as a major step forward for LGBTQ+ rights in Europe, particularly in countries where same-sex marriage remains politically contentious. It underscores the EU’s commitment to protecting fundamental freedoms and ensuring that citizens are not disadvantaged simply because of their sexual orientation.
By mandating recognition across borders, the court has effectively strengthened the principle of equality within the EU, offering greater legal certainty and dignity to same-sex couples who move or reside in different member states.
In short: The EU’s top court has ruled that all member states must recognize same-sex marriages performed elsewhere in the bloc, marking a significant advance for LGBTQ+ rights and freedom of movement in Europe.
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