Tag Archives: marriage

Ruling of the Court of Justice of the European Union in case C-713/23 Wojewoda Mazowiecki: Member States must recognise same sex marriages lawfully concluded in another EU country when couples exercise their freedom of movement

Ruling of the Court of Justice of the European Union in case C-713/23 Wojewoda Mazowiecki: Member States must recognise same sex marriages lawfully concluded in another EU country when couples exercise their freedom of movement

“Article 20 and Article 21(1) TFEU, read in the light of Article 7 and Article 21(1) of the Charter of Fundamental Rights of the European Union,

must be interpreted as precluding legislation of a Member State which, on the ground that the law of that Member State does not allow marriage between persons of the same sex, does not permit the recognition of a marriage between two same-sex nationals of that Member State concluded lawfully in the exercise of their freedom to move and reside within another Member State, in which they have created or strengthened a family life, or the transcription for that purpose of the marriage certificate in the civil register of the first Member State, where that transcription is the only means provided for by that Member State for such recognition.“

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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

See: https://nelfa.org/2025/11/25/nelfa-welcomes-landmark-eu-court-ruling-on-cross-border-recognition-of-same-sex-marriages/

Find the judgment here: https://curia.europa.eu/juris/documents.jsf?num=C-713/23

Japan court urges government to recognize legality of same-sex marriage

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Japan court urges government to recognize legality of same-sex marriage

The Fukuoka High Court ruled that Japan’s current policy against same-sex marriage is discriminatory and unconstitutional on Friday. This marks the third time a High Court in the country has declared the ban on same-sex marriage unconstitutional, and this ruling specifically calls on the government to undertake necessary legal reforms.

In this case, three couples living in Fukuoka and Kumamoto whose same-sex marriage registrations were rejected, sought compensation from the government. The six appellants claimed that the Civil Code of Japan and the Family Registration Act, which ban same-sex marriage, violates the Japanese constitution. This appeal followed the Fukuoka District Court’s ruling that the government was not required to take immediate legislative action, despite being in a “state of unconstitutionality.”

Presiding Judge Okada Takeshi highlighted the importance of legal recognition for same-sex couples, in light of the constitutional principles of individual dignity and gender equality. The court referenced Article 13 of the Constitution for the first time, stating that the absence of a legal framework for same-sex marriage denies individuals in same-sex relationships a means to pursue happiness.

He emphasized that sexual orientation is determined before birth or early in life and is not a choice that can be changed by will or psychiatric methods. Thus, the desire to pursue happiness through the establishment of a family is the same for both heterosexual and same-sex couples.

The government argued on definition of marriage under Article 24 of the Constitution, citing the terms “both sexes” and “husband and wife.” In response, the court clarified that the legislative intention of Article 24 was not to prohibit same-sex marriage but to eliminate the historical subordination of wives in the family system. “There is no longer any reason to not legally recognize marriage between same-sex couples,” Judge Okeshi concluded.

After the ruling, four plaintiffs hailed the decision outside the court. They held a sign , questioning why Japan’s parliament has not yet legalized same-sex marriage.

This ruling aligns with two prior High Court decision in Sapporo and Tokyo, which similarly deemed the government’s stance on same-sex marriage unconstitutional.

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Hong Kong top court affirms same-sex couple rights in housing policies and inheritance law

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Hong Kong top court affirms same-sex couple rights in housing policies and inheritance law

The Hong Kong Court of Final Appeal ruled on Tuesday that the exclusion of homosexual couples in the current public housing policies and inheritance laws amounts to unlawful discrimination and is unconstitutional.

Regarding the right to apply for public housing as a family unit, the court held that the exclusive spousal eligibility for application for Public Rental Housing and transfer of ownership in the Home Ownership Scheme amounts to discrimination. The court rejected the government’s claim that Article 36 of the Basic Law grants exclusive rights to heterosexual couples under the contested public housing policies, based on the premise that such rights existed prior to the enactment of the Basic Law in 1997.

The court also reasoned that the government failed to adduce any evidence on how the housing policies can promote the formation of traditional families nor why prioritizing heterosexual couples’ applications while accepting those from homosexual couples, as a less intrusive means, is unable to achieve the same legitimate aim of promoting traditional family founded in opposite-sex marriages.

Accordingly, the court upheld the lower court’s ruling, concluding that the government failed to strike a balance between homosexual couples’ right to social welfare and the societal aim. The decision affirmed the right of homosexual couples to apply for PRH as an ordinary family. Homosexual couples will now benefit from the government’s exclusive commitment to allocate housing units to ordinary family applicants in three years.

Regarding the inheritance laws, the court found that the differential treatment between opposite-sex marriages and same-sex foreign marriages serves no legitimate aim. The government attempted to justify the differential treatment by asserting that the differential treatment is necessary to maintain a coherent definition of marriages across legislation. The court was not persuaded by this argument, stating that recognizing the status of a surviving same-sex spouse reflects the legislative purpose to “lay down a scheme for the distribution of the deceased’s residuary estate,” different from other matrimonial laws.

The court also upheld the lower court’s reasoning, which maintained that the “marital maintenance duties” imposed on opposite-sex spouses by the local law are irrelevant. It further clarified that inheritance is not based on any legal obligations to provide for maintenance as other classes of beneficiaries under the provisions, such as parents and siblings, do not owe any maintenance duties to the deceased.

Even though same-sex marriage is not legally recognized in Hong Kong, the decision affirmed that the surviving same-sex spouse of the deceased, whose marriage is celebrated in a foreign country, enjoys the right of inheritance under the Intestates’ Estates Ordinance and the Inheritance (Provision for Family and Dependants) Ordinance, both require a “valid marriage” for the surviving spouse to assert their inheritance rights.

In September 2023, the court already affirmed the government’s duty to recognize same-sex marriage but allowed the government to distinguish between core and substantial marital rights. The government lodged its appeals in December 2023 and has yet to propose any framework.

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Japan court reaffirms same-sex marriage ban is unconstitutional

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Japan court reaffirms same-sex marriage ban is unconstitutional

The Tokyo High Court declared Japan’s current policy against same-sex marriage as discriminatory and unconstitutional in a ruling on Wednesday.

The case involved a couple in Tokyo registered as same-sex partners who sought compensation from the government, arguing that laws failing to recognize same-sex marriage violated the Japanese constitution.

Presiding Judge Taniguchi Sonoe emphasized that establishing a legal relationship as spouses for same-sex individuals is fundamental for a fulfilling social life and deserving of equal respect as heterosexual unions. The court delved into the interpretation of “freedom of marriage” under Article 24 of the constitution, addressing the language referencing “both sexes” and “husband and wife.”

The court clarified that these terms do not exclude legal protection for same-sex couples, highlighting the importance of legal recognition for all individuals. By examining provisions in the Civil Code and related laws, the court concluded that denying same-sex marriage rights breached constitutional principles of equality under the law and essential gender equality.

This ruling aligns with a prior landmark decision in 2021, which deemed the government’s stance on same-sex marriage unconstitutional. The Sapporo High Court in March 2024 affirmed the district court decision, being the first High Court in the country to declare the ban explicitly unconstitutional.

Advocacy groups in Japan like the “Freedom of Marriage for All” are now calling on the National Diet, the Japanese parliament, to enact legislation ensuring same-sex marriage rights without delay.

Amnesty International’s East Asia Researcher, Boram Jang, praised the Tokyo High Court’s decision, emphasizing the significance of this step towards marriage equality and the need for comprehensive national legislation to uphold equal rights for all couples in Japan.

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