On 25 November, the pro-government POSTV, several news agencies (INFO9; Newshub), Facebook accounts (1;2), the Facebook page “Ai Politika,” and pro-government expert Amiran Salukvadze (1;2) disseminated information – citing the news agency Reuters – that “the EU Court obliges all member states to recognize same-sex marriages as legal.” Both the news agencies and Facebook users circulated the information as if EU member states are now required to make same-sex marriage mandatory.
Identical information was also shared by other pro-government TV channels (Imedi; Rustavi 2); however, in their accompanying posts or articles, Imedi and Rustavi 2 added some additional details regarding the court decision.
POSTV, the news agencies, the government-aligned expert Amiran Salukvadze, and several Facebook pages/accounts are spreading misleading information about the EU Court’s decision regarding the recognition of same-sex couples’ marriages. Their social media cards and posts create the impression that the decision requires member states to amend their national laws and grant same-sex couples the right to marry. In reality, according to the court decision, EU member states must respect and recognize marriages of couples legally married in another member state even if their own national legislation does not provide for such marriages.
On 25 November, Reuters published an article on the EU Court’s decision concerning the marriages of same-sex couples. According to the media, the EU’s highest court found it necessary that same-sex marriages be respected within the bloc and also criticized Poland for refusing to recognize the marriages of its own citizens who were married in Germany. The court said that the refusal of Poland to recognize the marriage of a same-sex couple returning to the country based on its national legislation was unlawful. “It infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life,” Reuters quotes the court’s statement.
On 25 November, the Court of Justice of the European Union (CJEU) published its decision on the recognition of a same-sex couple’s marriage in Poland. The case concerns a Polish same-sex couple who married in Germany in 2018. After returning to Poland, they requested recognition of their marriage and submitted their marriage certificate to the Polish civil registry. Based on national legislation, their request was denied, and they appealed the decision in court. The Polish national court then referred the case to the CJEU to determine whether the refusal contradicted EU law.
According to the CJEU ruling, the refusal to recognize the civil marriage of a couple legally married in Germany is incompatible with EU law. The court’s official document states that EU member states must respect marriages performed in other member states, recognize such civil unions, and avoid discrimination. At the same time, the court clarifies that the decision on recognition of marriage does not require member states to amend their national legislation or to legalize same-sex marriages.
“Member states enjoy a margin of discretion to choose the procedure for recognizing such a marriage, and the transcription of a foreign marriage certificate is just one of the possible procedures,” the court’s decision states.
Source: Court of Justice of the European Union
Myth Detector has previously prepared multiple fact-checks on false claims about same-sex couples’ marriages. Read more in our materials:
- The EU does not require Georgia to legalize same-sex marriage in exchange for membership
- The Judgement of the CJEU about Same-Sex Families Disseminated Without Context
- Does the EU Questionnaire Oblige Georgia to Legalize Same-sex Marriage?
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