The same-sex marriage of 2 EU citizens in the EU must be recognized by the other Member States

Two same-sex Polish citizens married in Germany. On their return to Poland, their request for a transcript of the marriage certificate is rejected on the grounds that Polish law does not allow same-sex marriage.

Referring a question to the Court for a preliminary ruling, the CJEU recalls the respect of the European Union for the national identity of its Member States. It states that the recognition of same-sex marriage concluded in a Member State is not contrary to Polish national identity because Poland is not obliged to introduce same-sex marriage into its law.

The CJEU then considers the refusal to transcribe the marriage certificate to be contrary to EU law. This marriage must therefore be recognized in Poland.

In adopting this solution, the CJEU relies on three articles of the Charter of Fundamental Rights of the European Union :

• thearticle 7 on the right to respect for private and family life (the refusal to transcribe the marriage certificate had led to the inability of the spouses to "organize fundamental aspects of their private and family life");
• thearticle 20 on theequal rights for EU citizens ;
• thearticle 21 on theprohibition of any discrimination based on, inter alia, gender identity (the absence of a marriage recognition scheme equivalent to that given to opposite-sex couples constitutes discrimination on the basis of sexual orientation).

Thus, a Member State which does not allow same-sex marriage must recognize such a marriage legally entered into by two EU citizens in another Member State.