The Court of Justice of the European Union (CJEU) ruled on 25 November 2025 that all EU member states must recognise same-sex marriages lawfully performed in another member state—even if they do not allow such marriages domestically. JURIST+2Strona główna+2
The case involved two Polish citizens married in Berlin in 2018. When they returned to Poland and asked to register their marriage, Polish authorities refused because national law does not allow same-sex marriage. JURIST+2Wikipedia+2
The CJEU found that refusal to recognise their union violated EU law. It said the denial breached their right to free movement and residence under the Treaty on the Functioning of the European Union (TFEU), and violated their rights to private and family life under the Charter of Fundamental Rights of the European Union. JURIST+2The Brussels Times+2
The ruling does not require every EU country to legalise same-sex marriage. It only demands that member states accept and register foreign same-sex marriages for legal purposes, using whatever procedure they already apply to foreign marriages. JURIST+2Curia+2
Poland had argued its constitution limits marriage to a man and a woman. The court rejected that argument in this context. Refusing recognition when a couple married legally elsewhere creates “serious inconvenience at administrative, professional and private levels.” JURIST+2ordoiuris.pl+2
Why this matters
- Enables same-sex couples across the EU to move between countries without losing legal recognition of their marriage. That impacts residence rights, tax status, inheritance, and family law.
- Affirms that EU citizenship and rights under EU treaties can override national definitions of family when it comes to cross-border mobility and fundamental rights.
- Strengthens legal protections for LGBTQ+ couples in countries where same-sex marriage remains banned. Countries like Poland must accept foreign same-sex marriages even if domestic law rejects them.
- Sets precedent for future cases involving recognition of civil status, family rights, and residency rights across the bloc.
The ruling could force states with restrictive domestic marriage laws to update civil registry procedures. It may also influence political debates about full legalisation of same-sex marriage in those countries.
Chart: countries and territories that recognize same-sex marriage, with EU membership
Notes
• The sovereign countries listed are those that perform and recognise same-sex marriage nationwide as of late 2025. Sources: Wikipedia, Our World in Data, HRC, Pew and ILGA listings. Wikipedia+2Our World in Data+2
• Dependent territories that recognise same-sex marriage generally do so because the parent state’s law applies or via local change. Examples include Puerto Rico and Guam. Wikipedia+1
| Country / Territory | Recognises same-sex marriage? | EU member? |
|---|---|---|
| Andorra | Yes. | No. |
| Argentina | Yes. | No. |
| Australia | Yes. | No. |
| Austria | Yes. | Yes. |
| Belgium | Yes. | Yes. |
| Brazil | Yes. | No. |
| Canada | Yes. | No. |
| Chile | Yes. | No. |
| Colombia | Yes. | No. |
| Costa Rica | Yes. | No. |
| Cuba | Yes. | No. |
| Denmark | Yes. | Yes. |
| Ecuador | Yes. | No. |
| Estonia | Yes. | Yes. |
| Finland | Yes. | Yes. |
| France | Yes. | Yes. |
| Germany | Yes. | Yes. |
| Greece | Yes. | Yes. |
| Iceland | Yes. | No. |
| Ireland | Yes. | Yes. |
| Liechtenstein | Yes. | No. |
| Luxembourg | Yes. | Yes. |
| Malta | Yes. | Yes. |
| Mexico | Yes (federal and state-level implementations). | No. |
| Netherlands | Yes. | Yes. |
| New Zealand | Yes. | No. |
| Norway | Yes. | No. |
| Portugal | Yes. | Yes. |
| Slovenia | Yes. | Yes. |
| Spain | Yes. | Yes. |
| Sweden | Yes. | Yes. |
| Switzerland | Yes. | No. |
| Taiwan | Yes. | No. |
| Thailand | Yes. | No. |
| United Kingdom | Yes. | No. |
| United States | Yes (federal). | No. |
| Uruguay | Yes. | No. |
| South Africa | Yes. | No. |
(These entries reflect sources that track marriage equality globally. See sources below for full, sortable tables and dependent territory details.) Wikipedia+1
Why this ruling changes the game
• Mobility. You can move across EU borders and keep marital status for residence, family reunification and benefits. Reuters
• Legal clarity. National authorities must use existing recognition procedures for foreign marriages. They cannot erect rules that nullify the marriage’s effects. Reuters
• Precedent. The decision strengthens claims by same-sex couples in other cross-border disputes on inheritance, social security and parental rights. AP News
• Political pressure. The ruling may shift domestic debates in countries that oppose same-sex marriage, by imposing concrete legal consequences of non-recognition. Reuters
Sources and further reading
• Reuters, “EU court says same sex marriage should be recognised throughout bloc,” 25 Nov 2025. Reuters
• AP News, “EU’s top court tells Poland to recognize same-sex marriages registered elsewhere in Europe,” Nov 2025. AP News
• Wikipedia, “Same-sex marriage” and “Legal status of same-sex marriage.” (country list and dates). Wikipedia+1
• Our World in Data interactive table of places allowing same-sex marriage. Our World in Data
• Human Rights Campaign country list and analysis. hrc.org
