The Supreme Court has referred a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) to clarify the application of European Union law regarding the recognition in Latvia of a same-sex marriage concluded in another Member State. The case was initiated by a couple seeking official recognition of their marriage concluded in Sweden in the Register of Natural persons.
In this matter, COBALT represents the spouses, seeking a legal resolution that protects family life and equality while reinforcing the freedom of movement for EU citizens. The Supreme Court seeks to determine whether EU law mandates the recognition of such marriages when the parties reside permanently in Latvia but married in another Member State with which one party has a close connection.
Legal context and precedent
It is important to emphasise that the CJEU has already delivered a judgment in a similar case, recognising that a Member State’s refusal to acknowledge a same-sex marriage lawfully concluded in another Member State may constitute an obstacle to the rights of EU citizens to move and reside freely within the territory of the Member States. In COBALT’s view, the circumstances of the present case are highly comparable; however, the Supreme Court concluded that, due to differing factual circumstances, further clarification from the CJEU is required.
“This case concerns the State’s duty to respect families whose marriages are lawfully recognised within the EU. The CJEU has already ruled in a similar case, which provides a strong basis for expecting a clear and consistent approach here as well. We will continue to pursue these proceedings actively and purposefully in order to secure a decision favourable to the family,” states Gabriela Šantare, Senior Associate at COBALT.
Human rights advocacy
COBALT is advancing this case as part of its commitment to human rights and legal protection. Since 2018, the law firm has provided pro bono support to the movement “Life Partners” (in Latvian – “Dzīvesbiedri”), with the aim of promoting legal protection for all families in Latvia and strengthening an approach to the recognition of families grounded in human dignity.
The Supreme Court has stayed proceedings pending the CJEU’s ruling. The central question is whether EU law permits national legislation of a Member State that precludes the recognition of a marriage between two nationals of that Member State of the same sex, where the marriage was concluded in another EU Member State to which the persons travelled for that purpose and with which one of them has a close connection.
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