Poland’s Supreme Administrative Court has 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 who married in Germany in 2018 and had their marriage registration refused after moving to Warsaw because Poland’s constitution defines marriage as between a man and a woman. The ruling implements a November decision by the European Court of Justice that EU member states cannot refuse to recognize same‑sex marriages lawfully conducted in another EU country.
The Polish 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 couples in the courtroom applauded the decision. Rights groups estimate that 30,000–40,000 Polish citizens have entered same‑sex marriages abroad and many of them could now see their unions formally recognized at home.
Some legal uncertainty remains. The court tied recognition to marriages conducted abroad under EU freedom‑of‑movement rules, leaving 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 EU countries — alongside Bulgaria, Romania and Slovakia — that do not recognize same‑sex unions in domestic law and continues to rank poorly on LGBTQ+ rights measures, according to ILGA. Public opinion is mixed: an Ipsos poll found 31% support legalizing same‑sex marriage, while 62% favor some form of legal recognition for same‑sex couples.