COMECE warns landmark CJEU ruling on same-sex marriage recognition oversteps EU powers, threatens national identity and fuels anti-EU sentiment.
Newsroom (10/12/2025 Gaudium Press ) The Commission of the Bishops’ Conferences of the European Union (COMECE) has issued a sharply worded statement expressing “concern” and “worry” over a 25 November 2025 judgment by the Court of Justice of the European Union (CJEU) in the case Wojewoda Mazowiecki (C-713/23).
Meeting on 3 December, the COMECE Presidium declared that the ruling obliges Member States to recognize same-sex marriages lawfully concluded in another EU country by Union citizens who exercised their freedom of movement, even when national law – including in some cases constitutional provisions – defines marriage exclusively as the union of one man and one woman.
While emphasising respect for the role of the EU judiciary, the bishops rooted their critique in the Catholic Church’s understanding of marriage as grounded in natural law. They argued that the decision “pushes jurisprudence beyond the boundaries of EU competences” and risks eroding the clear reservation of family law to national authorities.
The statement highlights Article 9 of the EU Charter of Fundamental Rights, which guarantees the right to marry and found a family “in accordance with the national laws governing the exercise of these rights.” Although the Court itself acknowledged that Member States remain free to decide whether to allow same-sex marriage domestically, COMECE contends that the judgment effectively hollows out this autonomy by subordinating it to the Treaty provisions on free movement.
The bishops pointed to a broader pattern: provisions designed to protect sensitive areas of national law – including Article 17(1) TFEU on the legal status of churches – are, in their view, being interpreted in ways that “impoverish their meaning.” They also criticised the Court for giving only “disappointingly limited role” to the Treaty obligation to respect Member States’ national identities (Article 4(2) TEU) and to public policy exceptions, noting that the definition of marriage forms part of national identity for several countries.
Practically, the ruling will compel Member States to establish recognition procedures and, where necessary, disapply conflicting domestic provisions. COMECE warned this creates de facto convergence in matrimonial law despite the EU lacking any mandate to harmonise family law, thereby undermining legal certainty as governments can no longer predict which aspects of their family legislation will remain fully autonomous.
Looking ahead, the bishops expressed particular apprehension that the Court’s reasoning could be extended to other controversial cross-border family issues, explicitly citing surrogacy as a potential future battleground.
In a closing note that touched on the current political climate, COMECE observed that rulings of this nature risk exacerbating anti-European sentiment across the continent and are “easily instrumentalised” by those hostile to deeper integration.
The statement marks the latest chapter in a long-standing COMECE engagement with EU family-law developments, with its Legal Affairs Commission having repeatedly called for a “prudent and cautious approach” that avoids undue interference in national systems.
- Raju Hasmukh with files from COMECE
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