EU rules mandate Bloc- wide recognition of same sex marriage despite domestic laws
Luxembourg/Brussels, EU/London-UK, November 26, 2025
TOP E.U. COURT RULES: Same-Sex Marriages Must Be Recognized Throughout Bloc, Defying National Bans
In a definitive and legally binding declaration, the Top E.U. Court, the European Court of Justice (ECJ) in Luxembourg, delivered a landmark ruling this week decreeing that same-sex marriages must be recognized throughout the bloc, regardless of whether individual member states have legalized the unions domestically.
The decision marks a watershed moment for LGBTQ+ rights across the European Union, directly rebuking conservative countries—notably Poland and Hungary—for impeding the fundamental freedoms of their citizens.
While the ruling stops short of forcing member states to alter their national marriage laws, it mandates that all states honour the civil status of couples legally married elsewhere in the bloc, ensuring that the freedom of movement principle supersedes national moral objections.
The ruling, issued on Tuesday, November 25, stems from a legal challenge initiated by two Polish citizens, Jakub Cupriak-Trojan and Mateusz Trojan, who were married in Berlin in 2018.
Upon returning to their native Poland, they were refused the transcription of their marriage certificate into the Polish registry—a refusal that denied them access to critical national rights and benefits, including healthcare.
Poland, a predominantly Catholic country where the ruling Law and Justice party has historically branded LGBTQ+ rights as a “dangerous foreign ideology,” had argued that its national constitution, which defines marriage as solely between a man and a woman, justified the refusal.
The ECJ, the highest judicial authority in the European Union, dismissed Poland’s argument emphatically.
The Court ruled that the refusal to recognize a lawfully concluded marriage in another member state constituted a clear violation of Union law. The judges stated:
“It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”
The core of the judgment relies on the principle that EU citizens are guaranteed the right to move freely and reside in any member state and to maintain a “normal family life” upon returning to their country of origin.
The Court found that denying same-sex couples the ability to rely on their established marital status created serious obstacles in many aspects of daily life, including social security, inheritance, and taxation, forcing them to “live as unmarried persons” and face institutional discrimination.
This decision strengthens the existing framework established by the 2018 Coman ruling, which secured residency rights for same-sex spouses but left ambiguity over the broader recognition of their legal status.
The new ruling now obliges recalcitrant states like Poland, Romania, Bulgaria, and Slovakia—countries that do not yet grant same-sex couples full legal protection—to establish administrative procedures to recognize foreign marriages without distinction or additional hurdles.
Critically, the ECJ emphasized that this obligation does not force member states to legalize same-sex marriage within their borders, but rather compels them to respect the mutual recognition principle inherent in the operation of the single bloc.
The judgment has been hailed by human rights organisations, including ILGA-Europe, as a “milestone,” ensuring that the rights of LGBTIQ+ people are non-negotiable within the EU.
Conversely, the ruling will undoubtedly escalate tensions between Brussels and the nationalist governments in Warsaw and Budapest, which have often attempted to push back against EU directives on fundamental rights.
For the London-UK based CJ Global, this ruling serves as a vital case study in the power dynamics of international law and human rights.
Though the UK is no longer an EU member, the principles of human rights, non-discrimination, and family life enshrined in this judgment resonate deeply within the UK’s own judicial framework.
The final legal recourse in the Polish case will now return to the Polish Supreme Administrative Court, which is legally bound to implement the ECJ’s ruling, setting the stage for a dramatic shift in how hundreds of thousands of same-sex families are legally treated across the continent.
Headline Points
Binding Verdict:
The European Court of Justice (ECJ) ruled that all EU member states must recognize same-sex marriages lawfully concluded in another member state.
Legal Basis:
The refusal to recognize such marriages violates the fundamental EU rights of freedom of movement and respect for private and family life.
Target States:
The ruling directly challenges countries like Poland, Hungary, Romania, and Bulgaria, which do not legalize same-sex marriage domestically.
Limitation:
The ECJ ruling does not compel member states to legalize same-sex marriage, but requires them to honour the marital status of citizens married abroad.
Impact:
The decision is a major victory for LGBTQ+ rights, ensuring same-sex couples can access key legal rights (like benefits, property, and taxation) across the entire 27-member bloc.
