The landmark judgment requires full cross-border recognition of same-sex marriages, even in nations where domestic laws do not permit such unions.
The European Court of Justice (ECJ) has issued a major ruling requiring all 27 EU member states to recognize same-sex marriages legally performed in any other EU country, even if national legislation does not allow same-sex marriage domestically.
The decision, handed down Wednesday, strengthens the principle of freedom of movement and family unity within the European Union. Under the ruling, same-sex spouses are entitled to the same residency rights, legal protections, and family-status recognition across all EU jurisdictions.
The ECJ stated that while countries retain the right to define marriage within their borders, they cannot refuse to recognize a marriage lawfully concluded in another EU state when the couple seeks residence, family status recognition, or other legal rights linked to cross-border mobility.
The court emphasized that failure to recognize such marriages would constitute an infringement of EU citizens’ rights and undermine the integrity of the Union’s legal system.
IMPACT ACROSS EUROPE
The ruling has direct implications for EU member states that do not permit same-sex marriage, including:
- Poland
- Romania
- Bulgaria
- Slovakia
- Latvia
- Lithuania
- Italy (depending on local interpretation)
These countries must now honor same-sex marriage documents issued elsewhere in the EU for purposes including:
- Residency and immigration rights
- Health insurance
- Parental rights and custody
- Tax and inheritance benefits
They do not, however, have to legalize same-sex marriage within their own national civil codes.
RESPONSES FROM MEMBER STATES
LGBTQ+ rights groups welcomed the ruling as a “historic guarantee of family equality across Europe.”
Governments in several conservative-leaning member states signaled resistance, arguing that marriage laws remain a matter of national sovereignty — though the ECJ’s decision is binding and enforceable.
Legal analysts say the judgment will likely trigger political debate and potential legislative adjustments in states where domestic law conflicts with EU recognition obligations.
