EU Court Forces All Member States to Recognize Same Sex Marriages

Summary:

• The CJEU ruled that all EU member states must recognize same-sex marriages from other member states.

• The decision stemmed from a case in Poland where authorities refused to recognize a German same-sex marriage.

• The ruling is a significant step for LGBTQ+ rights, ensuring equal treatment and recognition across the European Union.

On November 25, 2025, the Court of Justice of the European Union (CJEU) delivered a landmark ruling. Every EU member state must recognise same-sex marriages legally concluded in another member state — even if their own domestic legislation prohibits such unions. 

🏳️‍🌈 Same love – same rights across Europe!

The European Court of Justice has ruled that same-sex marriages must be recognised across the EU.

This is a necessary and powerful step forward for freedom, dignity, and human rights. pic.twitter.com/1nkNRlBEwD

— Renew Europe (@RenewEurope) November 25, 2025

The case at the center of the decision involved two Polish citizens, married in Berlin in 2018. When they moved back to Poland and requested their German marriage certificate be transcribed into the Polish civil register, authorities refused — citing Polish law, which does not allow same-sex marriage. The couple challenged that refusal, and the Polish Supreme Administrative Court referred the matter to the EU’s top court. 

In its ruling, the CJEU stated that refusing to recognise the marriage violated EU law — specifically the rights tied to free movement and the right to respect for private and family life. The court concluded that such a refusal would force legally married spouses to live “as though they were unmarried persons,” and could cause “serious administrative, professional and private difficulties.” 

Importantly, the judgment does not obligate EU countries to legalise same-sex marriage domestically. Domestic marriage laws remain under national competence. What the court demands is that member states recognise — “without distinction or additional hurdles” — marriages validly performed elsewhere in the bloc.

This ruling builds on prior precedent. In a 2018 ruling (Coman and Others v General Inspectorate for Immigration and Ministry of the Interior), the CJEU held that the term “spouse” in the EU’s Free Movement Directive includes a same-sex spouse — meaning that same-sex couples married in one EU country can enjoy residence rights together in another, even if the host country does not recognise same-sex marriage. 

Legal experts and LGBTQ+ rights advocates regard the 2025 ruling as a major milestone. Though many EU nations already recognise same-sex unions, several — including some with strong conservative or religious traditions — have remained resistant to legalising or recognising same-sex marriages at home. The new ruling undercuts one of the last barriers to equal treatment across the Union, especially for couples who move or return to countries where their marriage was previously unrecognised.

That said, critics warn that legal recognition does not automatically translate into social acceptance. In countries with entrenched opposition, implementation could be slow or partial. Still, for many same-sex couples, the ruling translates into tangible rights such as inheritance, tax status, hospital visitation, parental rights, immigration status, and more.