"The court said on Tuesday that Poland had been wrong in not recognising the marriage of the couple when they moved back to Poland, on the grounds that Polish law does not allow marriage between people of the same sex. It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life, the EU court of justice said."
"EU citizens have the freedom to move to other member states and to have a normal family life there and upon return to their country of origin, the court said. When they create a family life in a host member state, in particular by virtue of marriage, they must have the certainty to be able to pursue that family life upon returning to their member state of origin."
The EU Court of Justice ruled that member states must respect same-sex marriages performed in other EU countries and rebuked Poland for refusing to transcribe a German marriage of two Polish citizens. The court found Poland's refusal violated freedom of movement, the right to reside, and respect for private and family life. The ruling was binding after a Polish court referred the couple's case; the men married in Berlin in 2018 and were identified by initials. The court clarified states need not legalise same-sex marriage nationally but must not discriminate when recognising foreign marriages. Poland's government is working on a civil partnership bill amid conservative resistance.
Read at www.theguardian.com
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