EU Court Rules All Member States Must Recognize Same-Sex Marriages Performed Elsewhere in the Union

On November 25, 2025, the Court of Justice of the European Union (CJEU) delivered a landmark ruling mandating that all EU member states recognize same-sex marriages legally performed in another member state for the purposes of EU law rights. This decision emerged from a case involving two Polish citizens who married in Germany but were denied marriage recognition by Poland, where same-sex marriage is not permitted.

The CJEU stated that Poland's refusal to register the marriage contravened European Union law as it impedes the freedom of movement of citizens and infringes upon their right to respect for private and family life. However, the court clarified that member states are not compelled to legalize same-sex marriage domestically, only to acknowledge the legal marital status acquired in other member states when exercising rights under EU law.

This ruling reinforces the principle that EU citizenship grants individuals the right to move freely throughout the Union without losing fundamental protections tied to their marital status. It ensures that same-sex couples legally married in one EU country cannot have their marriage status disregarded in another, securing rights linked to marriage such as residency, social benefits, and family life.

The judgment was welcomed as a significant step for equality and legal certainty within the Union. It highlights the tension between national laws on marriage and EU-level rights, emphasizing harmonization of essential rights without imposing changes on national legislation regarding marriage itself.

This development directly impacts countries like France, where same-sex marriage is legalized, as it guarantees that marriages performed there will be recognized across the EU regardless of the receiving country's marriage laws. It also pressures member states with restrictive laws to respect EU citizens' rights linked to their marital status.

The ruling thus strikes a balance between respecting national sovereignty over marriage laws and ensuring free movement and protection of family life rights for all EU citizens, marking a historic advancement in the legal recognition of same-sex unions within the European Union.