A same-sex couple in Slovakia is challenging the government’s refusal to register their Austrian marriage, testing the implementation of a recent European Union court ruling that requires member states to recognize same-sex marriages legally performed in other EU countries. The case highlights the ongoing tension between EU obligations and national laws amid Slovakia’s conservative social and political climate.
Ivan Novotný, 31, and Metod Špaček, 51, both lawyers and former diplomats, married in Austria in 2020. Despite their marriage being legally valid in Austria, Slovakia has yet to recognize their marital status six years later. The country does not permit same-sex marriages or civil partnerships and defines marriage constitutionally as a union between a man and a woman.
The couple maintains they are not seeking the introduction of same-sex marriage within Slovakia, but rather the recognition of their legally contracted union abroad, which the European Court of Justice (ECJ) ruled mandatory in November 2025. The ruling arose from a case involving a Polish same-sex couple whose German marriage was refused recognition by Polish authorities. The ECJ determined that EU member states must recognize such marriages for couples who have exercised their right to reside and establish family life in another member country. However, the ruling does not obligate countries to legalize same-sex marriage domestically.
Slovakia’s interior ministry, in a letter signed by Interior Minister Matúš Šutaj Šťok, denied Novotný and Špaček’s registration request, citing the constitutional definition of marriage as exclusively between a man and a woman. The ministry contended it must operate within this legal framework, noting that EU law’s supremacy does not extend to altering domestic definitions without legislative or constitutional changes.
Another Slovak same-sex couple, Marián Žáry Kukelka, 44, and his partner Ondrej, who married in Austria in 2023, is pursuing a similar legal route. Žáry Kukelka, a public broadcaster radio presenter, uses his married name professionally but cannot amend his official documents to reflect his union due to the same legal restrictions.
Žáry Kukelka described the legal battle as a personal issue of love and identity, rather than a demand for broad social change. He acknowledged that Slovakia’s political environment has grown increasingly hostile toward LGBTQ+ rights, citing recent constitutional amendments initiated by Prime Minister Robert Fico’s government that restrict gender recognition and tighten adoption laws.
The political climate has also contributed to heightened tensions within Slovak society. On the fourth anniversary of a deadly homophobic attack at the Bratislava LGBTQ+ bar Tepláreň, Prime Minister Fico publicly criticized opposition MP Lucia Plaváková for marrying her female partner abroad, calling it “a flagrant provocation” and accusing her of constitutional violations. Plaváková’s party, Progressive Slovakia, rejected these claims, emphasizing her actions comply with the law.
Despite the challenges, some Slovak LGBTQ+ individuals report varying experiences of social acceptance. Žáry Kukelka said he carefully navigates public references to his marriage depending on his audience but noted feeling more comfortable openly expressing their relationship during travels abroad, such as in Switzerland.
The legal cases initiated by Novotný and Špaček, as well as Žáry Kukelka, could set important precedents for how Slovakia and possibly other EU member states reconcile national constitutional definitions with overarching EU directives on the rights of same-sex couples. The government asserts that registration of foreign marriages requires constitutional amendment, indicating that the controversy is likely to continue amid broader debates over LGBTQ+ rights in Slovakia.