Foreign same-sex marriages must now be recognized in Czechia

The European Court of Justice (ECJ) ruled on Tuesday that all EU countries, including Czechia, must recognize same-sex marriages legally performed in other member states.

The landmark decision, posted in a press statement, involved a Polish couple who married in Germany in 2018 and sought recognition of their union upon returning to Poland. Polish authorities had initially refused their request, arguing the marriage was contrary to the national legal order.

In its decision, the ECJ emphasized that such a refusal “Infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”

The ruling ensures that all EU citizens can maintain their fundamental family rights, particularly the freedom to move and reside, across borders.

The ECJ clarified that while member states retain the competence to set their own marriage rules, refusing to recognize a valid same-sex marriage performed in another EU country constitutes illegal discrimination.

For Czechia, which does not currently allow same-sex marriage, the ruling has an immediate legal effect: authorities must recognize same-sex marriages performed abroad as full marriages, rather than just granting them the limited rights of a registered partnership.

The decision ensures that foreign marriages are recognized for key benefits, including residency, taxation, social benefits, and other legal protections under EU law.

Currently, Czech law only permits same-sex couples to enter into registered partnerships, which do not grant full marital rights, such as joint adoption or equal parental status. The ECJ ruling does not compel Czechia to change its domestic law to permit same-sex marriage, but it does require that the country accept the legal status of couples married elsewhere.

The Jsme fér pro-LGBTQ+ initiative praised the decision. Spokesman Filip Milde said in a statement to the Czech Press Agency, “This judgment is further confirmation that equality is not an exception, but a European standard: equal marriage is today a reality in 22 EU member states.”

The ruling highlights the disparity in legal protection across the bloc. According to the 2025 ILGA-Europe Rainbow Map, which ranks European countries on their laws and policies regarding LGBTQ+ people, Czechia currently holds the 30th position out of 49 countries, reflecting the ongoing legislative gaps in areas such as marriage equality and other domestic rights.