Poland’s top court orders recognition of EU same-sex marriages

Poland’s Supreme Administrative Court has ruled that same-sex marriages performed in other European Union member states must be recognized in the national registry.

The case centered on a Polish couple who married in Germany in 2018 and later moved to Warsaw, where officials refused to register their marriage on the grounds that the Polish constitution defines marriage as a union between a man and a woman.

Last November, the European Court of Justice held that EU states cannot refuse to recognize same-sex marriages lawfully concluded elsewhere in the bloc. Until Friday’s ruling, it remained uncertain whether Polish authorities would apply that principle, DW reports.

“In the opinion of the Court, there are no grounds to assume that the transcription of a marriage certificate of persons of the same sex poses a threat to the fundamental principles of the legal order of the Republic of Poland,” the judges wrote.

The court stressed that while Polish law continues to define marriage as exclusively heterosexual, registering same-sex marriages performed in other EU countries “does not violate national identity” and does not prevent Poland from maintaining its own family law framework.

Applause reportedly broke out in the courtroom as activists and same-sex couples welcomed the ruling.

Rights groups estimate that between 30,000 and 40,000 Polish citizens have entered same-sex marriages abroad. Many of those couples may now be able to have their relationships formally recorded in Poland, improving access to documentation and legal protections tied to marital status.

However, lawyers note that some questions remain. Because the court linked recognition to EU freedom-of-movement rules, it is unclear how the ruling will apply to Polish couples who married abroad but have not lived long term in another EU member state.

Poland remains one of only a few EU countries – along with Bulgaria, Romania and Slovakia – that provide no domestic legal recognition for same-sex unions. The country has repeatedly ranked among the lowest in Europe for LGBTQ+ equality in assessments by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA).

Public opinion, though, shows growing support for legal change. While only 31% of Poles favor full marriage equality, an Ipsos survey last year found that 62% back some form of legal recognition for same-sex couples.