The European Union’s highest court ruled on Tuesday that member states must recognize same-sex marriage, rejecting Poland’s laws in this area.
The lawsuit arose after Poland refused to recognize a same-sex marriage between two of its citizens that took place in Germany. Polish law currently does not allow same-sex marriage, but Tuesday’s ruling applies to the way Poland recognizes existing same-sex marriages.
“It violates not only the freedom of movement and residence, but also the fundamental right to respect for private and family life,” the court wrote in its ruling.
“When they establish a family life in a host Member State, in particular on the basis of marriage, they must have the certainty that they will be able to continue that family life upon return to their Member State of origin,” the Court said.
JUDGE STRIKES OHIO SCHOOL’S FIRST NAME POLICY WIN FOR PARENTAL RIGHTS CLASS
Flags of Europe as seen waving on a pole. The European flag is the symbol of the Council of Europe COE and the European Union EU, as seen in the Belgian capital in front of the Le Berlaymont building. (Nicolas Economou/NurPhoto via Getty Images)
The European Supreme Court became involved after a Polish court requested a ruling in the case after the two men’s request to transfer their German marriage certificate to Poland was rejected.
“This ruling is historic,” Pawel Knut, the lawyer representing the couple, said on Tuesday. “It marks a new beginning in the fight for equality and equal treatment for same-sex couples.”
NATO JETS COME AGAINST RUSSIA’S LARGEST DRONE ATTACK ON UKRAINE
Polish Prime Minister Donald Tusk has pushed his country to legalize gay marriage. (AP Photo/Tsaarek Sokolowski)
Crucially, the Court clarified that the ruling does not oblige member states to allow same-sex marriages within their borders. However, it does prevent Member States from discriminating against same-sex marriage when it comes to the recognition of foreign marriages.
Work by Polish Prime Minister Donald Tusk’s pro-European coalition government to push through a bill legalizing same-sex relations is being held up by resistance from his conservative coalition partner.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
Poland’s nationalist President Karol Nawrocki has also said he will veto “any law that would undermine the constitutionally protected status of marriage.”
Reuters contributed to this report.
