EU's highest court rules that in the case of foreign marriages, member states must recognize same-sex marriage

The EU’s highest court just ruled that same-sex marriages are legal throughout the entire bloc in a landmark decision involving two Polish men whose marriage (which was done in Berlin) was not legally recognized by the Polish government. The ruling states that Poland’s refusal to recognize the same-sex marriage “infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life,” however it does not require member states to recognize the legality of gay marriages in their own laws. The court also stated that EU member states have no right to discriminate against same-sex couples in the case of foreign marriages.

I think that this ruling is very important and welcome amidst rising homophobia worldwide, and I’m glad that the court sided with the two men, but the lack of a concrete ruling of whether or not gay marriage is truly legal a la the US’ Obergefell makes me a little doubtful. If there’s anything to take away from this, it’s that LGBTQIA+ rights are being brought to the forefront of European politics, and that current protections in countries like Germany have been strengthened with this ruling. I’m definitely torn up about the specific language used in the ruling, as the focusing on birth sex in the ruling (and really in the queer community at large) is not something that I necessarily agree with, as birth sex is often arbitrary. 

Signing off,

Lily


Meijer, Bart, et al. “EU Court Says Same-Sex Marriages Should Be Recognised throughout Bloc | Reuters.” Reuters, 26 Nov. 2025, www.reuters.com/world/europe/eu-court-says-same-sex-marriage-should-be-recognised-throughout-bloc-2025-11-25/. 


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