Poland must accept same-sex unions registered abroad despite being illegal under the country’s law, a ruling states
Poland must recognize same-sex marriages performed in other EU countries despite such unions being illegal under the country’s national legislation, the bloc’s highest court has ruled.
In a statement on Tuesday, the European Court of Justice (ECJ) said Warsaw had violated EU law when it refused to recognize the marriage of two Polish nationals registered in Germany in 2018. After the couple returned to Poland, the authorities rejected their request to enter their German marriage certificate into the Polish civil registry, arguing that national law does not permit marriage between same-sex couples.
The predominantly Catholic country recognizes both civil and religious marriages but draws the line at same-sex unions, despite years of pressure from Brussels. Under the Polish Constitution, marriage is defined as “a union of a man and a woman.”
The ECJ said the refusal to recognize the marriage violates EU guarantees on freedom of movement and the right to respect privacy and family life. Offering transcription to straight couples but not same-sex ones amounts to discrimination, the court’s press release said. The judges stressed, however, that member states remain free to decide whether to allow same-sex marriage under their domestic law.
The binding ruling came a day after Polish President Karol Nawrocki accused the EU of “ideological madness” and warned against creeping centralization. He said Poland had expected economic opportunity and freedom of movement when it joined the bloc, not interference in its political system or legislation on family life.
Nawrocki, elected in June on a platform of Catholic values and strengthened national sovereignty, said last month he would refuse to sign any bill that undermines the constitutionally protected status of marriage.
Prime Minister Donald Tusk’s pro-European coalition government introduced a draft bill in October 2024 to recognize civil partnerships, including for same-sex couples. Progress has been slowed by the reluctance of the government’s conservative partner, the Polish People’s Party (PSL), which has voiced reservations and delayed a final agreement.
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Poland is one of five EU member states that have not granted legal recognition to same-sex relationships, alongside Bulgaria, Lithuania, Romania, and Slovakia.
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