Poland’s Supreme Administrative Court ruled that same-sex marriages lawfully performed in other EU countries must be recognized in Poland, a landmark decision for LGBTQ+ rights in the socially conservative member state.
The case concerned a Polish couple married in Germany in 2018 whose marriage was refused registration after they moved to Warsaw because Poland’s constitution defines marriage as between a man and a woman. Last November the European Court of Justice held that EU member states cannot refuse to recognize same-sex marriages lawfully conducted elsewhere in the bloc. The Polish court’s ruling implements that principle domestically.
The court said 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.” It added that registering such marriages “does not violate national identity” or undermine Poland’s authority to set family law.
Activists and same-sex couples in the courtroom applauded the decision. Rights groups estimate 30,000–40,000 Polish citizens have entered same-sex marriages abroad, and many could now see their unions formally recognized at home.
Some legal uncertainty remains. Because the court conditioned recognition on marriages conducted abroad under EU freedom-of-movement rules, it is unclear whether marriages performed outside Poland by couples who have not lived long-term in another EU country will be covered.
Poland remains among a small group of European countries—alongside Bulgaria, Romania and Slovakia—that do not recognize same-sex unions in domestic law. The country ranks poorly on LGBTQ rights measures, according to ILGA. Public opinion is mixed: an Ipsos poll found only 31% support legalizing same-sex marriage, though 62% favor some form of legal recognition for same-sex unions.
Edited by: Alex Berry