The European Union cannot force its member countries to legalise same-sex marriages. However, it does now require that any legal union in a country that allows it must be recognised in every other member state.

In a ruling made public on 25 November, the Court of Justice of the European Union (CJEU) ruled in favour of a same-sex couple married in Germany who moved to Poland but were unable to transfer their legal status in the “Wojewoda Mazowiecki case”. The competent authorities refused their request on the grounds that Polish law does not allow marriage between persons of the same sex.

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However, after receiving a question from the Polish courts, the CJEU concluded that “refusing to recognise a marriage between two Union citizens, lawfully concluded in another Member State where they have exercised their freedom to move and reside, is contrary to EU law because it infringes that freedom and the right to respect for private and family life”.

The marital status of a European Union citizen must be respected throughout the territory of the 27 countries. As a result, countries such as Romania, Bulgaria, Latvia and Romania, where legal unions between homosexuals are not permitted, will have to recognise this type of marriage in the case of those who have married in another EU country.

In a press release, the European Union court emphasises that “the obligation to recognise does not undermine the national identity or pose a threat to the public policy of the spouses' Member State of origin. It does not require that Member State to provide for marriage between persons of the same sex in its national law”.

The court's main argument is that not acknowledging a marriage from another country has negative consequences for individuals, because “it may cause serious inconvenience at administrative, professional and private levels, forcing the spouses to live as unmarried persons in their Member State of origin”.

European Evangelical Alliance reaction

The European Evangelical Alliance (EEA) mentioned this change in European jurisdiction in a brief analysis on Facebook. “This creates a dual framework: national law can define marriage traditionally, but administrative systems must recognise marriages performed under different definitions elsewhere”, the evangelical body said.