The Network of European LGBTIQ* Families Associations (NELFA) welcomes today’s ruling of the Court of Justice of the European Union in case C-713/23, which confirms that Member States must recognise same sex marriages lawfully concluded in another EU country when couples exercise their freedom of movement.
The case concerned two Polish citizens who married in Germany and asked for their marriage certificate to be transcribed into the Polish civil register. Polish authorities refused, citing domestic law that bans marriage for same sex couples. The Court found that this refusal violates EU freedom of movement and the right to private and family life, making clear that Member States cannot deny the marital status that couples have legally acquired elsewhere in the Union.
The judges confirmed that such recognition does not force a Member State to introduce marriage equality in its national legislation. What it does require is equal treatment in procedures that already exist. If a country provides a single route to recognising foreign marriages, it must apply that route without discrimination based on sexual orientation.
NELFA strongly welcomes this decision. It affirms what we have been saying for years. Rainbow families must not lose their rights when crossing borders inside the European Union. Our members span countries with very different legal systems, and we constantly see the harm caused when children and parents move from a country that recognises their family to one that denies it. Today’s ruling sends a clear message that EU law stands firmly on the side of family unity and legal continuity.
This judgment also highlights the urgency for many Member States to update their laws and administrative procedures so they no longer create obstacles for LGBTIQ* families. The Court’s reasoning mirrors what civil society, legal experts and the European Court of Human Rights have repeatedly stressed. In 2023, the Strasbourg Court held that Poland failed to provide any legal framework for same sex couples, reinforcing the need for structural change.
NELFA will continue to advocate for full recognition of rainbow families across the EU, including parenthood recognition, access to parenthood rights, and the removal of discriminatory barriers in cross border situations. This ruling is another strong building block that moves Europe closer to a Union where all families are treated with dignity and respect, everywhere.
For media inquiries: info@nelfa.org
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