Poland’s Supreme Administrative Court has ordered local authorities to recognize same-sex marriages performed in other European Union member states, a ruling that follows a landmark decision last year by the EU’s top court. The order, issued Friday, mandates the registration of marriage certificates issued abroad for administrative and residency purposes, overturning a previous ruling by a Warsaw court.
The ruling centers on the case of a Polish couple who had their marriage, contracted in Germany in 2018, previously unrecognized by Polish authorities. The European Court of Justice (ECJ) determined last year that Poland had violated EU law by denying recognition, infringing upon guarantees of freedom of movement and the right to family life. The ECJ ruling automatically applies to all 27 EU member states, though several – including Bulgaria, Romania, Lithuania, and Slovakia – do not currently recognize same-sex marriage.
Despite the ruling, same-sex marriage remains illegal within Poland itself. Article 18 of the Polish Constitution defines marriage as exclusively between a man and a woman. Pro-LGBTQ+ groups in Poland have characterized the Supreme Administrative Court’s decision as a crucial “first step” toward broader legal changes.
The decision arrives amidst a complex political landscape. Prime Minister Donald Tusk’s pro-EU coalition government introduced a draft bill in October 2024 to recognize civil partnerships, including those for same-sex couples. However, the proposal has encountered resistance from within the governing coalition, specifically from the Polish People’s Party (PSL), and from the opposition Law and Justice (PiS) party.
President Karol Nawrocki, elected last June, has publicly opposed any legislative changes that would alter the constitutional definition of marriage. Nawrocki has accused the EU of pursuing an “ideological madness” and pledged to resist perceived interference in Polish domestic policy. He has indicated he would not sign any bill that undermines the traditional definition of marriage.
The court’s decision requires Polish authorities to register marriages legally performed in other EU nations, but does not address the legality of same-sex unions contracted outside the EU. The ruling’s practical implications and potential for further legal challenges remain to be seen.
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