The European project is based on the free movement of people and respect for fundamental rights. But what happens when family life collides with the legal barriers of a Member State? Recently, the Court of Justice of the European Union (CJEU) has issued a ruling that represents a turning point for thousands of LGTBIQ+ families across the continent. In essence, the ruling establishes a clear and unavoidable obligation: EU countries must recognize as valid any marriage between people of the same sex that has been legally celebrated in another Member State.
This decision not only protects freedom of movement and residence, but also defends the fundamental right to respect for private and family life. Refusal to recognize a legally contracted union is considered contrary to Union law, regardless of national legislation on same-sex marriage.
The Polish Case: A Battle for Dignity
To understand the significance of this ruling, we must look to Poland, where the case originated. This is a couple of Polish men who, after getting married in Berlin in 2018, wanted to move their married life to their country of origin. When requesting a transcription of their marriage certificate from the Polish Civil Registry, they encountered a legal wall. Polish law, which does not contemplate marriage between people of the same sex, was the argument for denying them recognition. They were forced, de facto, to live as singles in their own nation.
The Supreme Court of Poland referred the issue to the CJEU, and the response has been overwhelming. The Court emphasizes that recognition must guarantee the continuity of the family life that a couple has already established in an EU country upon returning to their State of origin. Although each State is competent to legislate on marriage, it cannot do so ignoring Union Law.
Recognition vs. Legalization: What Does the Ruling Involve?
It is important to clarify a key point. The CJEU emphasizes that the imposed recognition obligation does not oblige the Member State to legalize same-sex marriage on its territory. That is, a country like Poland, Bulgaria, Romania or Slovakia may still not have equal marriage in its Civil Code, but it is obliged to use the same mechanisms that it uses to recognize foreign heterosexual marriages (such as transcription in the Civil Registry) to recognize homosexual unions celebrated abroad.
For the organization ILGA-Europe, which defends LGTBIQ+ rights, this ruling represents “a significant step towards the protection of same-sex couples throughout the EU”, especially in those countries that still do not offer any type of legal recognition or protection.
The Balance of the EU and the Look at Spain
The European Union is based on equality, and decisions like this reaffirm that fundamental rights are not negotiable. Recognizing a legally contracted marriage, without discriminating based on sexual orientation, is the basis of the principle of equality that has supported the European construction since its origins.
In this context of progress on the continent, it is inevitable to remember the path taken in Spain. This country recently celebrated the 20th anniversary of the legalization of equal marriage, a measure that placed it at the forefront of LGTBIQ+ rights worldwide. The passage of the law transformed the lives of thousands of families and, even more crucially, changed the social perspective towards them.
A Diverse Panorama on the Continent
Currently, the EU map shows a different reality:
17 of the 27 Member States recognize same-sex marriage.
Others offer alternative legislative figures, such as de facto unions.
Some territories, such as Hungary or countries that were “LGBT ideology-free” zones in the recent past (such as Poland under the previous government), still lack protective regulations or impose obstacles.
The CJEU ruling is not just a legal victory; It is a reminder that laws must serve people and their family realities. It invites us to reflect: What role does European legislation play in achieving real equality when the national policies of some States insist on raising barriers? Justice has spoken, now it is the task of each country to ensure that this decision translates into an unhindered life for all citizens.
