The CJEU forces homosexual marriages celebrated in any Member State to be recognized throughout the EU

He EU Court of Justice (CJEU) ruled this Tuesday that a marriage legally contracted by two European citizens of the same sex in any Member State must be recognized in the rest of the community countries, even in those where gay marriage is not allowed.

Denying this recognition is contrary to Union law, since it violates the freedom of movement and residence and the right to respect for the private and family life of spouses, says the ruling.

The ruling responds to the case of two Polish citizens, residents in Germany, who married in Berlin in 2018. Upon moving to Poland, they requested the transcription of the marriage certificate issued in Germany in the Polish Civil Registryso that their marriage would be recognized there.

His request was denied on the grounds that Polish law does not authorize same-sex marriage. Therefore, the transcription of the marriage certificate would violate the fundamental principles of the Polish legal system.

The spouses challenge this denial. The Polish Supreme Administrative Court, which is handling the dispute, has asked the Court of Justice of the EU to rule on the application of European law to this case.

In its ruling this Tuesday, the CJEU first points out that “although Rules relating to marriage are the responsibility of the Member Statesthese must respect the law of the Union when exercising said competence”.

The spouses in question, as citizens of the Union, have the freedom to move and reside in the territory of the Member States and the right to lead a normal family lifeboth when they exercise said freedom and when they return to their Member State of origin, alleges the CJEU.

“The refusal to recognize a marriage legally contracted by two Union citizens of the same sex in another Member State, in which they have exercised their freedom of movement and residence, may cause serious administrative, professional and private inconveniences.”underlines the ruling.

According to the CJEU, the obligation of recognition does not violate the national identity or threaten the public order of the Member State of origin of the spousessince “it does not imply that that State must contemplate marriage between two people of the same sex in its national law.”

Furthermore, the Member States “They have a margin of appreciation to choose the means of recognition of that type of marriage”.

However, when a Member State chooses to establish a single means for the recognition of marriages contracted in another Member State – such as the transcription of the marriage certificate in the Civil Registry, in the case of Poland – it must also apply that means to marriages between people of the same sex.

This is not the first time that the CJEU has forced homosexual marriages to be recognized throughout the EU. The pioneering ruling dates back to 2018 and is also protected by the right to free movement and freedom of residence of spouses.