https://www.them.us/story/european-union-same-sex-marriage-recognize-poland-court-ruling
The ruling came after a Polish couple sued to have its German marriage recognized.Sign up for The Agenda, Them’s news and politics newsletter, delivered Thursdays.
The European Union’s (EU) highest court has ruled that EU countries must recognize same-sex marriages between EU citizens lawfully conducted in another EU country, even if same-sex marriage is not legal in their home country.
On Tuesday, November 25, the Court of Justice of the European Union ruled that Poland must recognize the marriage of a same-sex Polish couple who married in Berlin while living in Germany in 2018. When the couple — who have only been identified by their initials in the case — returned to Poland and requested that their German marriage certificate be transcribed into the Polish civil register, authorities refused, because Polish law doesn’t permit same-sex marriages or civil partnerships. When the couple challenged that refusal, the Polish Supreme Administrative Court referred it to the Court of Justice.
“The spouses in question, as EU citizens, enjoy the freedom to move and reside within the territory of the Member States and the right to lead a normal family life when exercising that freedom and upon returning to their Member State of origin,” the court said in a press release.
The court added that “such a refusal is contrary to EU law” and “infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”
“This ruling is historic,” Pawel Knut, a lawyer representing the couple involved in the lawsuit, said in a statement, per Reuters. “It marks a new beginning in the fight for equality and equal treatment
MEP Emma Wiesner Meanwhile, during a Tuesday press conference in Strasbourg, France, Swedish MEP Emma Wiesner called the ruling “a great victory for love.”
The court also clarified that the ruling does not require member nations to subsequently legalize same-sex marriage in their national laws. While member states enjoy a “margin of discretion” to choose the procedures for recognizing a marriage conducted in another EU country, “those procedures must not render such recognition impossible or excessively difficult or discriminate against same-sex couples on account of their sexual orientation.”
The Guardian reports that although Poland’s prime minister, Donald Tusk, has been working on a same-sex marriage bill, his efforts have been met with resistance from Polish president Karol Nawrocki, an ally of the country’s right-wing, anti-LGBTQ+ Law and Justice party. Nawrocki has said that he would veto “any bill that would undermine the constitutionally protected status of marriage.”
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Abby Monteil is a New York-based writer. Her work has also appeared in The Daily Beast, Insider, Elite Daily, Thrillist, and others. … Read More
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