(CN) - Two husbands - one Polish and one with dual Polish-German citizenship - won a major victory for same-sex couples across Europe on Tuesday, as the EU's top court ruled that Poland must recognize marriages legally elsewhere in the bloc.
The Court of Justice of the European Union found that Poland crossed a clear line by refusing to recognize same-sex marriages performed abroad, warning that the country can't make couples choose between coming home and keeping their marriage.
If transcribing a marriage certificate issued abroad is the only way for Poland to give that union legal effect at home, the judges said, then refusing to do so for same-sex couples amounts to discrimination, not a legitimate policy choice.
The court brushed aside Poland's claim that its constitution only recognizes marriage between a man and a woman, saying the case wasn't about rewriting national law but about protecting free movement within the EU. "Such an obligation of recognition does not undermine the national identity or pose a threat to the public policy of the Member State of origin," the judgment said, making clear that acknowledging a marriage performed abroad doesn't change how a country defines marriage at home.
In 2018, JC-T, who holds both Polish and German citizenship, married MT, a Polish national, in Germany while the couple were living there under EU free-movement rules. When they later decided to move back to Poland, their marriage suddenly vanished in legal terms.
Polish officials refused to transcribe their German marriage certificate into the national register, pointing to domestic law that limits marriage to opposite-sex couples. What had been a routine civil registration in Berlin turned into a yearslong legal fight over whether EU citizens lose their family status when they cross a border.
After exhausting appeals in Polish courts, the case landed in Luxembourg, where judges were asked to clarify whether EU law - particularly the treaty articles on free movement and the EU Charter's ban on discrimination - requires recognition of same-sex marriages concluded in another member state. The EU's top judges said it does, finding that Poland's refusal breached both the right to free movement and the principle of equal treatment.
The ruling builds on, but goes further than, the court's 2018 Coman decision, which involved a Romanian citizen and his American husband. In that case, judges said Romania had to recognize the marriage only to grant residence rights to the non-EU spouse.
This time, however, both partners were EU citizens, and the court extended its logic from residence rights to full recognition of marital status for "all legal purposes." In essence, the judges said what happens at the border shouldn't erase a couple's legal identity - a message that moves Europe one step closer to making marriage equality a reality across the single market.
Experts call it a decisive leap
Legal scholars said the decision cements same-sex couples' right to equal treatment when moving within the EU, marking a natural but decisive evolution in the court's approach to family recognition.
Alina Tryfonidou, an assistant professor of law at the University of Cyprus, said the ruling "takes us clearly beyond Coman" because "it accepts that Union citizens have the right to have their same-sex marriage, lawfully contracted in another member state, recognised tout court, for all legal purposes." This, she said, ensures couples "can now be certain that their relationship will be recognised wherever they move in the EU," though the judges left it to each country to decide how recognition should be carried out in practice.
Robert Wintemute, a professor of human rights law at King's College London, also said the judgment went slightly beyond its previous judgments, interpreting EU law as "requiring Poland to transcribe their marriage." He contrasted it with the European Court of Human Rights, which has allowed governments to reclassify same-sex marriages as civil unions. "The Court of Justice seems to require more," he said, "the recognition of foreign same-sex marriages as marriages in Poland."
Others agreed the logic was consistent with earlier case law but signaled a deeper shift. Pawe Marcisz, an EU law researcher of the University of Warsaw, called the outcome "unsurprising but significant," noting that "the Court of Justice has now clearly stated that such recognition may require the transcription of the marriage certificate into the civil register," especially where no other legal route exists. For Polish couples, he said, the decision is a milestone since "contracting a marriage abroad remains the only option" for legal recognition.
Lenka Kikova, an assistant professor of law at Masaryk University, described the ruling as "a logical follow-up to previous case law" but warned that "the main issue is how the judgment will be implemented." Drawing parallels with Romania's lingering resistance to the Coman ruling, she said, "It will be very interesting to see the Polish reaction to today's judgment."
Poland's political crossroads on equality
Dorota Pudzianowska, a University of Warsaw professor who advised the Polish government in the case, said the ruling strikes a smart balance. "The court distinguishes between recognising same-sex marriage and making a transcription to the civil registers. This is wise," she said, explaining that Poland "can either transcribe a marriage certificate or create a new, different procedure for recognition."
She added that the court's logic was firmly rooted in EU citizenship and the idea that rights must be effective in practice, not just on paper. As she put it, the judges made clear that "lack of recognition is discrimination, because different-sex couples' marriages concluded abroad are recognised."
Poland is still one of the few EU countries that offer no legal recognition for same-sex couples, and the nationalist Law and Justice Party has consistently fought off any attempt at reform, warning it would undermine traditional family values.
Public opinion is shifting, however. A 2025 survey by Ipsos, a major global polling and market research firm, found support for same-sex partnerships climbing to about half the country - roughly 62% - even as political resistance remains firmly entrenched.
'Turning point' for rights and recognition
Advocacy groups across Europe also celebrated the decision as a breakthrough for equality and free movement within the EU.
Neil Datta, executive director of the European Parliamentary Forum for Sexual and Reproductive Rights, welcomed the ruling and called it "deeply significant," saying "it would help dismantle the administrative barriers that same-sex couples face when moving between EU countries." He said it sends a "strong signal that free movement rights must be accompanied by respectful and effective recognition of family life" and that implementation "will be the key."
He added that the decision could strengthen pro-equality lawmakers across Europe. "It will give pro-rights lawmakers concrete legal grounds to call for reforms, especially in member states where anti-gender movements remain influential."
Applicants celebrate win as Warsaw stays silent
The applicants' lawyers said the ruling was a real victory - one that would finally make everyday life easier for same-sex couples.
Anna Mazurczak, an attorney representing the applicants and a lawyer with the Polish Society of Anti-Discrimination Law, said her clients were thrilled with the outcome. She noted that while earlier rulings on same-sex families were often vague, this one leaves little room for doubt. "The court was very specific - there is the obligation to register the marriage certificate if there is no other means to recognise a foreign marriage," she said.
For her, the decision marks an important shift in Europe's legal landscape. "This judgment means a lot but only in those few European countries which do not recognise same-sex couples and their family life in any way," she added, expressing hope that "marriage equality is the logical next step."
Artur Kula, another lawyer for the couple, also called the decision "a milestone for the LGBTI+ community in the EU Member States." He said that the decision "will make life easier for same-sex spouses, and help them to enforce their further rights."
Poland's government did not respond to a request for comment.
What comes next
The ruling leaves little room for doubt that Poland must act - though what that looks like in practice is still unclear. As Tryfonidou put it, "The real question now is how states will implement this ruling in practice, especially those States that do not offer any legal framework for the recognition of same-sex relationships."
Under EU law, the decision is final and binding, meaning Warsaw has no choice but to bring its procedures in line with the bloc's rules. What happens next will show whether Poland is ready to live up to Europe's promises of equality and free movement for all its citizens.
Courthouse News reporter Eunseo Hong is based in the Netherlands.
Source: Courthouse News Service
