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Slovak Prime Minister Robert Fico has announced that his country will not register foreign “marriages” between persons of the same sex, as they are contrary to that country’s constitution, which defines marriage as a union of a woman and a man.

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The head of the Slovak government has declared his readiness for a legal dispute with the EU institutions in defense of Slovakia’s sovereignty and of the constitutional definition of marriage.

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The matter is set against the backdrop of the November 2025 judgment of the CJEU, in which the Court found that provisions excluding the transcription of so-called same-sex marriages contracted in other Member States are incompatible with EU law.

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The Court’s ruling met with considerable criticism over allegations that it exceeded the principle of conferral and that the EU institutions were attempting to interfere in a matter reserved to the Member States

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In 2025, Slovakia amended its constitution, strengthening the protection of the definition of marriage and emphasizing the State’s exclusive competence in matters of family and ethics.

Prime Minister Fico Says a Clear “No” to Recognizing the Legal Effects of Same-Sex “Marriages”

On June 12 in Bratislava, during a briefing held immediately after a visit to the Special Registry Office (Osobitná matrika) of the Ministry of the Interior of the Slovak Republic, the country’s prime minister, Robert Fico, unequivocally announced that Slovak authorities would not carry out the transcription of foreign certificates of so-called same-sex marriages. The head of the Slovak government stressed that the recognition of such a union abroad is of no significance to Slovak officials, because Slovak law does not provide for an institution of this kind. Citing directly the Slovak basic law, which defines marriage solely as the unique union of a man and a woman, Fico simultaneously declared his full readiness to wage a “just legal war” with the EU institutions in defense of his country’s constitutional and cultural sovereignty.

“You have surely all noticed that homosexual couples who have contracted a marriage in countries where it is permitted are also seeking entry into the Slovak civil register. So that there is no doubt: I fully respect the reality and the situations in which persons of the same sex remain in a partnership. On the other hand, I must protect the Constitution of the Slovak Republic, which defines marriage as a unique union of a man and a woman” — Prime Minister Fico clearly emphasized.

“Accordingly, the registry office cannot register a marriage that is contrary to the constitutional definition of marriage as a union of a man and a woman. One cannot apply for the registration of something that does not exist in our legal order” — the Slovak prime minister stated.

The CJEU Orders the Transcription of Same-Sex Marriages

The statement by the head of the Slovak government fits within the context of the November 2025 judgment of the Court of Justice of the European Union. In its ruling in Case C-713/23, initiated by a request for a preliminary ruling from the Polish Supreme Administrative Court, the Court found that provisions excluding the transcription of marriage certificates of persons of the same sex issued in another Member State are contrary to EU law. It justified this on the grounds of freedom of movement, the right to family life, and the prohibition of discrimination on the ground of sexual orientation.

The CJEU did acknowledge that matters of civil status fall within the competence of the Member States, but that they must be exercised in a manner consistent with EU law. On the basis of the applicants’ unverified assertions and the explanations of the Polish government, the Court concluded that the absence of a transcription of the “marriage” certificate hampers their everyday lives.

The judgment met with criticism, above all over allegations that the CJEU exceeded its treaty-based competences and infringed the sovereignty of the Member States. Family law and the regulation of civil status belong to the competence of the States, and some of them — including Slovakia — protect the definition of marriage as a union of a woman and a man at the constitutional level. Even so, the ruling obliges EU States to recognize the legal effects of such marriages.

Slovakia Amends Its Basic Law, Protecting the Family and Its Own Constitutional Identity

Significantly, almost a year ago Slovakia decided on a far-reaching amendment to its basic law. Under amendments adopted by the Slovak Parliament in September 2025, provisions were added to the Slovak Constitution introducing, among other things, a ban on the adoption of children by same-sex couples and a ban on surrogate motherhood (surrogacy).

The amendment to Slovakia’s constitution introduced provisions (Article 7(6)–(7)) defining fundamental ethical and cultural matters (such as the family and marriage) as the exclusive domain of national sovereignty. These changes, motivated by concern over the encroachment on State competences by international courts and institutions, exclude the application of the principle of the primacy of EU law in areas not covered by the treaties conferring power on the European Union. Under the new provisions of the Slovak basic law, no EU obligation may be interpreted as Bratislava’s consent to relinquish its rights in matters that constitute its statehood identity.

“Prime Minister Robert Fico’s decision deserves recognition as a consistent defense of the constitutionally defined institution of marriage and of the right of the Member States to shape their own solutions in the area of family law independently. In a situation where matters of marriage and the family form part of a State’s constitutional identity, regulating them should remain primarily within the purview of national legislators. The Slovak government’s position also accords with the call to respect the principle of conferral and to limit the interference of the European Union’s institutions in areas that have not been unambiguously transferred to the EU level” — comments Patryk Ignaszczak of the Ordo Iuris Center for International Law.

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