A same-sex couple is suing Slovakian authorities for refusing to register their marriage performed in Austria, challenging the country's adherence to EU law. Ivan Novotný and Metod Špaček, married in Austria in 2020, argue that Slovakia should recognize their union based on a European Court of Justice ruling, despite Slovakia's constitutional definition of marriage as between a man and a woman. The case highlights a conflict between EU obligations and national restrictions on LGBTQ+ rights.
The case highlights a critical tension between EU-wide legal obligations and national sovereignty in matters of LGBTQ+ rights, potentially impacting the legal security of same-sex couples across the bloc. Slovakia's refusal to recognize marriages legally performed elsewhere challenges the principle of free movement and could set a precedent for other conservative EU states.
A same-sex couple is taking legal action against Slovakian authorities for refusing to register their marriage, which was performed in Austria. Ivan Novotný and Metod Špaček, who married in Austria in 2020, argue that Slovakia should recognize their union based on a European Court of Justice ruling from November 2025. This ruling mandates that EU member states must recognize same-sex marriages concluded legally in other EU countries for couples exercising their right to move and reside within the bloc.
Slovakia, a socially conservative country, does not permit same-sex marriage or civil partnerships. The couple's request was denied by the interior ministry, which cited the country's constitutional definition of marriage as exclusively between a man and a woman. Novotný stated that while they have a good life in Slovakia and their relationship was recognized by a hospital doctor during Špaček's COVID-19 hospitalization, this was due to individual kindness rather than legal obligation.
Another same-sex couple, Marián Žáry Kukelka and Ondrej, who married in Austria in 2023, are also pursuing legal action against Slovakian authorities for similar reasons. Žáry Kukelka uses his full married name on air but his official documents do not reflect his marital status. The couple's legal challenge is framed as a "court case for love" and a tribute to his partner.
Slovakia's interior ministry acknowledged the primacy of EU law but argued that freedom of movement recognition does not necessitate marriage registration. The ministry stated that its administrative work cannot override decisions made by the legislature or constitutional bodies. The government, led by Robert Fico, has also pursued constitutional changes recognizing only two sexes and tightening adoption restrictions, contributing to an atmosphere of increasing hostility for LGBTQ+ individuals, according to Žáry Kukelka.
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