Listen: All EU member states must recognise same-sex marriages

The European Court of Justice has ruled that all EU member states must recognise same-sex marriages lawfully concluded in any other member state, even if they don’t allow such marriages at home. But what sparked this ruling and what are the reactions from countries where same sex marriages are illegal?

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The European Court of Justice has ruled that all EU member states must recognise same-sex marriages lawfully concluded in any other member state, even if they don’t allow such marriages at home. But what sparked this ruling and what are the reactions from countries where same sex marriages are illegal?

So, the case that sparked this decision goes back to 2018, when two Polish men living in Berlin married and later returned to Poland. Polish authorities refused to register their marriage because same-sex marriage isn’t legal there. The couple challenged the decision, and their case ended up in Luxembourg.

The ECJ’s said that freedom of movement isn’t just the right to cross borders; it’s the right to live a normal family life wherever you go in the EU. If you marry legally in one member state, that marriage must be recognised across the bloc. And not recognising it violates both freedom of movement and the right to private and family life.

But, and it’s an important “but”,  the ruling does not force countries to introduce same-sex marriage at home. Domestic marriage laws remain the competence of each member state. What the court does require is equal treatment when recognising marriages from abroad, without discrimination, without bureaucratic hoops, and without pretending a married couple suddenly becomes “unmarried” because they crossed a border.

Now, the situation in EU countries is shifting. Thirteen EU memeber states allow same-sex marriage. Twenty offer some form of registered partnership. Six, Poland, Hungary, Latvia, Slovakia, Bulgaria and Lithuania, offer no legal recognition at all. Meanwhile, Hungary this year banned the Budapest Pride Parade and censored children’s books featuring LGBTIQ+ themes.  

So, yes, Tuesday’s ruling is a win. But it also exposes a very uneven European landscape.

Now, this is important because free movement is one of the EU’s most tangible achievements. It’s the reason millions of us live, study, work, and fall in love across borders. But that freedom collapses when the EU can’t guarantee that your family status travels with you.

Imagine building a life abroad, getting married, and then returning home only to be told your marriage “doesn’t exist.” Besides the emotional struggle this has real consequences, administrative, financial, medical, parental. Everything from inheritance rights to hospital visitation. The court even warned that it “forces spouses to live as unmarried persons.”

And this ruling also lands in a moment when right-wing and conservative parties across Europe are gaining ground, often at the expense of minority rights. In some places, queer families are treated as ideological threats. In others, equality is something you can negotiate away in a coalition agreement.

So, what’s next?

For Poland, the ruling is binding. The country must recognise same-sex marriages performed elsewhere in the EU. But introducing civil partnerships or marriage equality at home? That’s another story. Prime minister Tusk’s government has been working on a civil partnership bill, yet internal resistance, plus a nationalist president who vows to veto anything he deems unconstitutional, means progress will be slow.

More broadly, the ruling sets a precedent. It strengthens the legal foundation for same-sex couples across the EU, even in countries where national politics are resisting social change. And it closes one of the loopholes that allowed member states to undermine free movement.

Now, the next battle will likely be political rather than legal. Will governments follow the spirit of the ruling or stick to the bare minimum? For now, Europe’s LGBTQ+ community has won a significant victory. But as the Polish and Hungarian examples show, legal wins don’t always translate to social acceptance.