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Same-sex couple sues Slovakia over refusal to recognise Austrian marriage

A same-sex couple is suing Slovakian authorities for not registering their marriage, legally performed in Austria, testing the application of an EU court ruling.

  • Ivan Novotný and Metod Špaček married in Austria in 2020, but their marital status remains unrecognised in Slovakia.
  • Slovakia's interior ministry stated it lacks the legal basis to recognise the marriage due to the country's constitutional definition of marriage as between a man and a woman.
  • The couple argues their case is supported by a November 2025 EU court ruling that member states must recognise same-sex marriages concluded in other EU countries for freedom of movement purposes.

A same-sex couple has initiated legal action against Slovakian authorities following their refusal to register their marriage, which was legally performed in Austria. Ivan Novotný, 31, and Metod Špaček, 51, married in Austria in 2020, but their marital status is not recognised in Slovakia, where same-sex marriage and civil partnerships are not permitted.

Novotný and Špaček, both lawyers and former diplomats, are seeking recognition of their marriage as concluded in another EU country. They argue this is mandatory for all EU members, citing a November 2025 ruling by the EU's highest court. This ruling, in response to a case involving a Polish same-sex couple married in Germany, stated that member states must recognise such marriages where couples have exercised their right to move and reside in another EU country and established family life there. The ruling does not require member states to permit same-sex weddings domestically.

Slovakian Interior Minister Matúš Šutaj Eštok's letter explained the refusal, stating that the constitutional definition of marriage in Slovakia as a bond between a man and a woman means they lack the legal basis for formal recognition. The interior ministry acknowledged the primacy of EU law but contended that recognition for freedom of movement purposes does not necessitate registration as a marriage, stating that administrative work "cannot replace decisions by the legislature or the constitutional legislature."

Another individual, Marián Žáry Kukelka, 44, who married his partner Ondrej in Austria in 2023, is also suing Slovakian authorities for similar reasons. He uses his full married name professionally but his official documents do not reflect this.

Why this matters: This case tests the extent to which an EU court ruling on the recognition of same-sex marriages performed abroad can be enforced in member states where such unions are not legally recognised domestically, highlighting a clash between European obligations and national restrictions.

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