The judges ruled in favor of the couple whose unions were registered abroad despite conservative opposition
Poland’s Supreme Administrative Court has ordered local authorities to recognize same-sex marriages performed in other EU member states, following a ruling by the European Court of Justice (ECJ) last year.
Same-sex marriages cannot yet be legally concluded in the predominantly Catholic country because Article 18 of the Polish Constitution defines marriage as a marriage. “The union of man and woman.”
On Friday, Poland’s top court ordered local authorities to register same-sex marriage certificates issued abroad in the national registry for administrative and residency purposes. In their decision, the judges overturned the earlier decision of the Warsaw Regional Administrative Court.
Pro-LGBTQ groups in Poland have hailed the decision as “first step” towards changing the law for their benefit.
In October 2024, the pro-EU coalition government of Polish Prime Minister Donald Tusk submitted a draft bill to recognize civil partnerships, including same-sex couples. However, it faced a push from the government’s conservative partner, the Polish People’s Party (PSL), as well as the opposition Law and Justice party (PiS).
President Karol Nawrocki, elected last June on a promise to defend Catholic values, has refused to sign any bill that would weaken the constitutional definition of marriage. Nawrocki has accused the EU “ideological madness” and vowed to oppose what he called attempts by the community to interfere in Polish politics.
Last year, the European Union’s top court ruled that Poland violated EU law by refusing to recognize the marriage of two Polish citizens registered in Germany in 2018. The Luxembourg-based court said Polish law violated EU guarantees of freedom of movement and the right to “to lead a normal family life.”
The ECJ decision applies automatically to all 27 member states, some of which, including Bulgaria, Romania, Lithuania and Slovakia, do not recognize same-sex marriage.
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