EU principles were at the heart of a landmark case when two men, married in Germany, returned to Poland with high hopes of having their union recognized, only to face rejection. Poland’s refusal to respect their marriage was not just a slap in the face for the couple, but a violation of fundamental EU values. Now, the EU’s highest court has weighed in, delivering a ruling that has sent shockwaves through the continent. In a rebuke to Poland’s stance on same-sex marriages, the court declared that all EU member states must recognize same-sex marriages performed in other EU countries—no exceptions.
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This decision is more than just a legal victory for the couple involved. It’s a landmark moment for LGBTQ+ rights in Europe, reinforcing the idea that love knows no borders, and that the right to family life is universal, even when one’s home country isn’t on the same page.
The Case at Hand: Love in Berlin, Rejection in Warsaw
The couple in question married in Berlin in 2018, but when they returned to Poland, they were informed that their marriage wasn’t valid in their home country. Poland, which does not recognize same-sex marriages under its national laws, refused to register their marriage, despite the couple’s legal right to do so in Germany. The couple challenged the refusal, and the case made its way to the EU’s highest court.
The court found that Poland’s actions “infringe not only the freedom to move and reside, but also the fundamental right to respect for private and family life.” This ruling clearly sends the message that discrimination against same-sex couples—whether in the form of legal recognition or outright rejection—is incompatible with EU law.
A Win for LGBTQ+ Families Everywhere
In its ruling, the court emphasized that while EU member states are not required to legalize same-sex marriage, they cannot discriminate against same-sex couples when it comes to recognizing marriages performed in other EU countries. This ensures that LGBTQ+ couples who marry in one member state are able to live their lives together as a family, even when they return to a country that does not yet recognize their right to marry.
For LGBTQ+ advocates, this is a significant win. It provides clarity and legal protection for same-sex couples across the EU, sending a clear message that family life—whether in a gay or straight relationship—should not be dependent on the country you live in.
Poland’s Backward Stance
The ruling is a hard pill for Poland to swallow, especially as the country’s government has been actively working on a bill to regulate civil partnerships, including those for same-sex couples. Yet, Poland’s nationalist president Karol Nawrocki remains staunchly opposed to any changes that would undermine the country’s “constitutionally protected” definition of marriage, which currently only allows for unions between a man and a woman.
But the court’s ruling now forces the government to reconsider its position. It’s clear that Poland can no longer hide behind its refusal to respect the marriages of LGBTQ+ couples without facing consequences from the EU.
What’s Next?
While this ruling is undoubtedly a victory for LGBTQ+ rights, it’s just one battle in an ongoing war. Poland, and other EU countries that have yet to fully embrace LGBTQ+ equality, are likely to resist further pressure. However, the ruling is binding, meaning that Poland will now have to respect the marriage rights of same-sex couples, even if the broader social and political landscape doesn’t fully accept it.
This case is a reminder that while progress may be slow, change is happening—especially when the law and human rights are on the side of love. It also sends a strong message to other EU countries that the legal recognition of same-sex marriage is a right, not a privilege, and it’s time to catch up with the times.
For the LGBTQ+ community in Poland and beyond, this is a moment of pride, a testament to the power of the courts, and a victory that shines a little more light on the road to equality across the globe.
Source: The Guardian
The problem with this is that, when and outside entity tells a country what it can do and not do, practices are forced on the country that may not be accepted by a majority of the people. We realize here that majority rules and that people have a say in these matters. Sometimes what some of us think are not shared by others, and everyone has a right to their opinion. When a majority has that opinion, it has to be recognized, whether the minority likes it or not. Government can’t exist without it, and without government, same-sex marriage would not exist, either. This will tilt the EU in the direction of dissolution, which will mean that other countries then will stop recognizing these rulings.
Oh well!
Poland doesn’t like it? Get out of the EU!