The EU Court of Justice has ruled that all EU countries must recognize same-sex marriages for the purposes of residence permits and family reunification

On November 24, 2025, the Court of Justice of the European Union (CJEU) ruled that EU member states are required to recognize a same-sex marriage if it was legally entered into in another member state.

Now all European Union member states (including Poland or, for example, Lithuania) are required to recognize same-sex marriages entered into in other countries within the bloc, even if their domestic laws define a family as consisting only of a man and a woman.

Important: Decision CJEU It does not require member states to automatically legalize same-sex marriages within their borders. However, they are required to recognize those entered into in other EU member states without discriminatory barriers. In other words, this will not force local authorities to begin registering such marriages in their own jurisdictions, but officials will no longer be able to deny a partner legal recognition.

In practice, this is critical for obtaining a residence permit and family reunification: the immigration service is required to accept a European marriage certificate as a document entitling the couple to live together.

The decision is final and applies to all EU countries, so a refusal to recognize spousal status is now considered a violation of the law.

Lawyers and LGBT rights advocates are calling this decision a historic step—it gives same-sex couples from countries where same-sex marriage is not permitted the opportunity to “transfer” their official status from a more liberal country.

How did it all start?

The case involves a Polish couple who got married in Berlin in 2018. According to media reports, one of them also holds German citizenship. Upon their return to Poland, the Polish authorities refused to register their marriage, citing Polish domestic laws.

In 2018, they got married in Berlin and officially registered their marriage. When the couple decided to return to their homeland—Poland—they requested that their German marriage be registered in the Polish registry so they could obtain official recognition and the associated rights.

In Poland, the only official form of marriage is considered to be a “man and woman” union. National law simply does not permit the conclusion or recognition of same-sex marriages. Therefore, the Polish authorities refused to “transcribe” (that is, register) the German marriage in the Polish civil registry office—they did not officially recognize that these two men were married.

The couple appealed the decision, and the case reached the Supreme Administrative Court of Poland, which then referred the matter to the Court of Justice of the European Union (CJEU) for a preliminary ruling.

What the CJEU Decided

The CJEU ruled that EU member states are required to recognize marriages legally entered into in other EU countries, even if the law within that member state does not permit such a marriage.

Refusal to recognize such “foreign” registration constitutes a violation of the principles of freedom of movement, residence, and “normal family life” for EU citizens.

At the same time, the court emphasized that this decision does not require Countries should legalize same-sex marriage within their own jurisdictions. All that is required is to recognize a union legally entered into in another EU country without discrimination.

Why Recognizing Same-Sex Marriage in the EU Is Important

Until now, in Poland (and in other EU countries where same-sex marriage is not officially permitted), such couples have effectively lived “outside of marriage”—without the rights that marriage typically confers: joint taxation, inheritance rights, medical and social benefits, and recognition as a family.

The CJEU ruling marks a significant change: such couples are now guaranteed recognition of at least the fact that they have registered their union in another EU country. This grants them access to “family” rights, even if their home country’s laws do not recognize them.

For countries like Poland, this amounts to pressure from EU law: they will have to revise their domestic marriage registration procedures so that they do not discriminate against same-sex couples who have married abroad.