In a landmark decision issued this November 25, 2025, the European Court of Justice (ECJ) has ruled that Poland must recognize the marriage certificate of a Polish same-sex couple who had married in Germany, even though Poland does not allow for same-sex marriage.
The ruling follows years of procedure for two men, a Polish and a dual Polish-German citizen, who had married in Berlin in 2018 but saw their request to have their union recognized in Poland rejected by the registry office, citing that the Polish Constitution only recognized marriage as a union between a man and a woman. The case landed at the Polish Supreme Administrative Court in 2023, who decided to refer the case to the ECJ, whose AG Jean Richard de la Tour – whose opinions are indicative but not binding – paved the way for today’s decision in April 2025, commenting that EU members should recognize and transcribe family bonds lawfully established in other member states.
While the ECJ’s ruling is binding, it does not call for Poland or any of the other EU members to legalize same-sex marriages, but simply to recognize and transcribe such marriages lawfully established in other EU states, clearing a key hurdle for LGBT+ families across the union and securing another right beyond their right to move and establish residence.
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In a landmark decision issued this November 25, 2025, the European Court of Justice (ECJ) has ruled that Poland must recognize the marriage certificate of a Polish same-sex couple who had married in Germany, even though Poland does not allow for same-sex marriage.
The ruling follows years of procedure for two men, a Polish and a dual Polish-German citizen, who had married in Berlin in 2018 but saw their request to have their union recognized in Poland rejected by the registry office, citing that the Polish Constitution only recognized marriage as a union between a man and a woman. The case landed at the Polish Supreme Administrative Court in 2023, who decided to refer the case to the ECJ, whose AG Jean Richard de la Tour – whose opinions are indicative but not binding – paved the way for today’s decision in April 2025, commenting that EU members should recognize and transcribe family bonds lawfully established in other member states.
While the ECJ’s ruling is binding, it does not call for Poland or any of the other EU members to legalize same-sex marriages, but simply to recognize and transcribe such marriages lawfully established in other EU states, clearing a key hurdle for LGBT+ families across the union and securing another right beyond their right to move and establish residence.