EU's top court rules same-sex marriages must be recognized across all member states
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The European Union’s top court delivered a landmark decision on Tuesday, mandating that all member states acknowledge same-sex marriages, directly challenging Poland’s current legal stance on the matter.

This ruling emerged following Poland’s refusal to recognize a same-sex marriage between two Polish citizens who had legally wed in Germany. While Polish law presently prohibits same-sex marriages, the court’s decision specifically addresses the recognition of such unions that already exist.

The court emphasized in its judgment, “This not only violates the freedom of movement and residence but also breaches the fundamental rights to private and family life.”

The court further elaborated, stating, “When individuals establish family life in a host member state, especially through marriage, they must be assured of their ability to continue that family life upon returning to their home member state.”

European Union Flags

Flags representing Europe are seen fluttering on poles. The European flag symbolizes the Council of Europe (COE) and the European Union (EU), as observed in the Belgian capital in front of the Le Berlaymont building. (Nicolas Economou/NurPhoto via Getty Images)

The European high court became involved after a Polish court requested a ruling in the case after the two men were denied a request to transfer their German marriage certificate to Poland.

“This ruling is historic,” Pawel Knut, the lawyer representing the couple, said Tuesday. “It marks a new beginning in the fight for equality and equal treatment for same-sex couples.”

Donald Tusk

Polish Prime Minister Donald Tusk has pushed his country to legalize same-sex marriage. (AP Photo/Czarek Sokolowski)

Critically, the court clarified that the ruling does not require member countries to allow same-sex marriages within their borders. It does, however, prevent members nations from discriminating against same-sex marriages when it comes to recognizing foreign marriages.

Polish Prime Minister Donald Tusk’s pro-European coalition government’s work on pushing through a bill legalizing same-sex unions has been held back by resistance from his conservative coalition partner.

Poland’s nationalist President Karol Nawrocki has also said he would veto “any bill that would undermine the constitutionally protected status of marriage.”

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