Important CJEU ruling: same-sex marriage applies everywhere, whatever politicians think at home
Two Poles who got married in Germany in 2018 have been living their "normal" family life for a long time. However, this collapsed the moment they applied for registration of their marriage at the Polish registry office. Rejected. The reason? Poland does not recognise same-sex marriages. And so a routine request became a legal-political battle that eventually made its way to the EU Court of Justice. The Court gave a clear verdict: Member States can regulate the institution of marriage in their laws, but they cannot violate EU law, especially freedom of movement and the right to family life.
The judgment is also a test of the current state of Europe. It shows how different the speeds are - while some states have long considered same-sex marriage a standard part of modern family law, others stick strictly to the traditional definition. And in some places - as in Poland or Hungary - marriage has become an ideological symbol whose meaning goes beyond the union of two people.
European law as a shield
The court's decision is not just about who can love whom. It is a crucial reminder that European values are not empty platitudes. That is exactly what the court expressed when it said that not recognising a marriage legally contracted in another country interferes not only with freedom of movement but also with the right to respect for private and family life. In other words, if a European citizen builds a family in one country, the EU must guarantee that they will not lose it when they cross borders.
This is a logic that should be self-evident. Yet - especially in countries with conservative governments or strong traditionalist movements - it is not.
Poland between two worlds
Poland is symptomatic in this equation. The current pro-European government of Donald Tusk wants to push for at least registered partnerships. But in the coalition sits the PSL, a party that rejects any regulation that it says would "undermine the constitutional status of marriage". And then there is President Karol Nawrocki, who has announced in advance that he will veto any proposal that even remotely undermines the concept of marriage between a man and a woman.
A two-speed Europe
At the same time, the court's decision does not bring an obligation to introduce same-sex marriage into domestic legislation. Member States can continue to insist on their own definition. What they cannot do, however, is pretend that marriage contracted elsewhere does not exist. It is not a perfect victory, but it is a major step towards legal certainty.
Today, the issue of equal marriage is dividing Europe rather than uniting it. While the Netherlands set the course back in 2001 and countries such as Spain, Belgium, Germany and France have signed up to it, the Czech Republic is keeping its head down and continuing to offer only civil partnerships.
This is why the current change is crucial - couples who have married in another member state can no longer be ignored or relegated to a legal vacuum by their home state. Their union must be respected, at least to a basic level, wherever they are within the Union.
What does this mean for queer people in Europe - and for us?
In practice, it means that Polish, Slovak or even Czech citizens who marry in countries like Germany or the Netherlands must be guaranteed that their marriage will exist administratively when they return home. As spouses, they must have the right to reside, to access services or to maintain their family status. From the point of view of everyday life, this is a huge change - not only symbolic, but also very practical.
It is also a signal towards states that still refuse to discuss marriage for all. If there are a growing number of citizens whose marriages will have to be recognized, this will create pressure - legal, emotional and social - on domestic politicians.
Marriage ceasing to be a boundary
The CJEU ruling changes one fundamental thing - it breaks with the previous practice where conservative states have maintained the 'purity' of their definition of marriage by simply not recognising what has been created elsewhere. That tactic is over.
The family, whether it consists of two men, two women or a man and a woman, is now a legal fact within Europe that cannot be erased by mere ideology.
For queer people across Europe, this is a victory that comes not as a bolt from the blue, but as the logical continuation of a trend: to push boundaries, to expand freedom and not to be pushed back into the closet. And for Europe as a political project, this is the moment when it was confirmed that common rules have the power to protect individuals against state constraints.
Simply put, if two people get married in Berlin, their marriage cannot evaporate on the way to Warsaw - or Prague. And that's good news not only for the queer community, but for anyone who believes that love and rights shouldn't depend on which side of the border you're on.
