EU Recognizes the Necessity of Recognizing Same-Sex Unions

• The EU Court obliges all member states to recognize same-sex unions.
• Poland has faced criticism for not recognizing same-sex unions established across the border.
• The Polish government is working on a legislative proposal regarding same-sex unions, but it remains controversial.

The European Court of Justice upheld the decision that all member states must recognize same-sex unions. This ruling responds to the situation in Poland, where same-sex unions between two citizens, established in Germany, are not recognized.

The court noted that Poland has failed to recognize same-sex unions of couples when they returned to the country, as Polish legislation does not allow for the recognition of same-sex unions. "This violates not only the freedom of movement but also the fundamental right to respect for private and family life," stated the EU court.

In Poland, where Catholicism predominates, the fight for LGBT+ equality has been ongoing for many years and has faced significant backlash. The current government is working on a legislative proposal that includes the regulation of civil partnerships, including same-sex unions.

The European court upheld the obligation ruling on a request from a Polish court, which was considering the case of individuals who were denied entry into the Polish registry based on their same-sex marriage certificate from Germany. The individuals, who found themselves in Berlin in 2018, remained anonymous.

The court stated that EU citizens have the right to normal family life in other member states and upon returning to their own country. "When they create family life in the state of residence, including through marriage, they should be able to continue this life upon returning to their country," emphasized the court.

The court also added that this does not obligate member states to allow same-sex unions in their national laws but prohibits discrimination against same-sex couples regarding the recognition of foreign marriages.

Poland's Prime Minister Donald Tusk and his European government are seeking to promote a legislative proposal on same-sex unions, but they are facing opposition from conservative coalition partners. The nationalist president of Poland, Karol Nawrocki, also stated that he would veto any legislative proposal that undermines the constitutionally protected status of marriage.

Tags: Europe/Politics