All countries of the European Union are obliged to recognize the marriages legally contracted by two people of the same sex in another Member State, according to a ruling that the EU Court of Justice (CJEU) published this Tuesday.
The court was consulted by two Poles married in Germany, who were denied transcription of their marriage certificate in their country of originwhere unions between people of the same sex are not allowed.
Although it is in the process of secularization, especially among young people and in large cities, the Catholic tradition remains deeply rooted in society and politics. Poland.
The social reforms that were carried out since early 2000s in many other European States they did not reach this country, which also has one of the most restrictive legislation against abortion on the continent.
For the CJEU, to deny the recognition of a marriage contracted in another Member State hinders freedom of citizens to move from one country to another enjoying the rights acquired within the Union.
Freedom cannot be violated
This “violates said freedom and violates the right to respect for private and family life”, which can cause “serious administrative, professional and private inconveniences, forcing spouses to live as singles in the Member State from which they originate”, considers the CJEU.
“Therefore, Member States are obliged to recognize (…) the marital status legally acquired in another Member State,” he adds.
Asked by AFP, the Polish NGO Campaign Against Homophobia (KPH) welcomed a “very positive” decision.
Waiting for Poland to adopt its own legislation, “The transcription of a foreign marriage certificate into Polish is already a significant advance“, declared Przemyslaw Walas, an official of the organization.
The associations estimate that between 30,000 and 40,000 Polish citizens contracted such marriages abroadand they foresee an influx of couples to town halls after the CJEU ruling.
Blocked reforms
In Poland, marriage is restricted to a union between two people of the opposite sex. It also approved legislation on abortion in 2021, among the most restrictive in the EU.
Recently there emerged reform intentions within the centrist coalition led by Prime Minister Donald Tusk, such as a bill presented in October on civil unions, including those between people of the same sex.
However, the conservative president Karol Nawrockia fervent Catholic, warned that he would not promulgate any text that would convert civil unions into “quasi marriages“.
The CJEU recalls that registration in the national legislation of a union between two people of the same sex remains the responsibility of each Member State.
The modalities of recognition of a union of this type concluded in another country also remain competence of each European State, but must confer the same rights as those provided for in the act whose transcription is requested.