Slovakia same-sex couple sues for recognition of Austrian marriage

A same-sex couple, Ivan Novotný and Method Špaček, has filed a lawsuit against Slovak authorities following the refusal to recognize their marriage, which was legally concluded in Austria in 2020. The claimants are not seeking to change Slovak marriage laws to allow same-sex unions within the country, but are instead demanding the recognition of a marriage legally established in another EU member state.

The Slovak Interior Ministry, led by Minister Matúš Šutaj Eštok, rejected the application on the grounds that the national Constitution defines marriage strictly as a union between a man and a woman. While the ministry acknowledged the primacy of EU law, it argued that recognizing a marriage for freedom of movement purposes does not necessitate formal registration as a marriage under Slovak domestic law.

The lawsuit relies on a November 2023 ruling by the Court of Justice of the European Union (CJEU). The CJEU determined that member states must recognize same-sex marriages performed in other EU countries if the couple exercised their right to move and reside within the Union. This legal challenge is part of a broader trend in Slovakia, as other couples have also initiated legal actions to secure rights regarding family recognition and medical decision-making.