On November 25, 2025, the Court of Justice of the European Union (CJEU) ruled that “all Member States must recognize same-sex marriages contracted in another EU country.” A major step forward for equality, but one that also highlights the persistent divisions between European nations.
A symbolic legal victory
In its ruling, the CJEU stated that “refusing to recognize a same-sex marriage contracted in another Member State constitutes a violation of the right to free movement.” The case that led to this decision concerned a Polish male couple married in Germany. Polish authorities refused to register their union in the civil registry because national law “does not recognize marriage between persons of the same sex.” The Court, however, ruled that Poland “cannot refuse to recognize a same-sex couple married elsewhere in the European Union.”
A Europe still divided
This case illustrates the tensions between national laws and European law. The ruling specifies that a country in the European Union “must now recognize a same-sex marriage contracted in another” member state, even if this type of union does not exist under its own law. It is described as “binding on all member states,” preventing governments from invoking their domestic legislation to block the recognition of a marriage.
A turning point for LGBTQ+ rights
This obligation paves the way for genuine recognition of family rights, regardless of the country where couples live. For our generation, which studies, travels, or works in multiple countries, this is essential protection against having our rights disappear at a border.
Despite resistance, this decision marks a decisive step towards a Europe where everyone, regardless of their sexual orientation, can finally move and live freely.