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By CLAUDIA CIOBANU
WARSAW, Poland (AP) — In a landmark decision, the European Union’s top court has mandated that Poland must acknowledge same-sex marriages performed in other EU nations, even though such unions are not legal within Poland’s own borders.
The Court of Justice of the European Union decreed that all EU member states are required to recognize same-sex marriages legally conducted in other EU countries, regardless of their national laws on the matter.
This ruling emerged from the case of a Polish couple who tied the knot in Berlin in 2018. When they attempted to return to Poland, they faced a refusal from Polish authorities to register or acknowledge their German marriage certificate.
LGBTQ+ advocates in Poland have long been engaged in a battle for equal rights, as the country continues to prohibit both same-sex marriage and civil partnerships.
While the EU court clarified that Poland is not being compelled to legalize same-sex marriages, it emphasized that failing to recognize these marriages infringes on the “freedom to move and reside” and the “fundamental right to respect for private and family life” of EU citizens.
Hubert Sobecki with the LGBTQ+ advocacy group Love Does Not Exclude said the Polish government will have to implement the ruling because it comes from the EU’s highest court, meaning the EU executive can impose fines or otherwise exercise political pressure on Warsaw if it does not.
The Polish government led by Prime Minister Donald Tusk faces resistance from conservative members of the governing alliance and the president over legalizing civil partnerships.
“This is an important step on the way to marriage equality,” Katarzyna Kotula, secretary of state at Tusk’s chancellery, said on social media in response to the ruling.
In October, the government presented a proposal that would give same-sex couples the possibility to sign an agreement at the notary giving them certain rights, such as access to medical records or joint tax statements.
It is unclear if conservative new President Karol Nawrocki will accept the proposal. The president can veto proposed legislation.
