Poland’s Supreme Administrative Court has mandated that local authorities register same-sex marriages performed in other European Union member states for administrative and residency purposes. The ruling upholds a 2024 decision by the European Court of Justice (ECJ), which found that Poland violated EU law by refusing to recognize such unions.
The case specifically involved two Polish nationals married in Germany. The ECJ determined that Poland’s non-recognition breached EU guarantees of freedom of movement and the right to a normal family life. Friday’s decision overturns an earlier Warsaw provincial court ruling that had sided with Polish authorities.
Despite this legal advancement, same-sex marriage remains constitutionally banned in Poland. Article 18 of the Polish Constitution defines marriage as a union between a man and a woman, a provision frequently cited by conservative and Catholic groups. The Supreme Administrative Court’s order is limited to registering foreign marriage certificates; it does not alter the domestic prohibition on performing same-sex marriages.
The ruling emerges amid a contentious political landscape. A pro-European Union coalition government, led by Prime Minister Donald Tusk, introduced a draft bill in late 2024 to establish civil partnerships for both same-sex and opposite-sex couples. However, the initiative faces stiff opposition from within the governing alliance, notably from the Polish People’s Party (PSL), and from the main opposition party, Law and Justice (PiS).
President Karol Nawrocki, elected in June 2024 on a platform emphasizing Catholic traditional values, has stated he will not sign any legislation that conflicts with the constitutional definition of marriage. He has characterized EU pressure on the issue as “ideological madness” and vowed to defend national sovereignty.
The ECJ’s ruling is directly binding on all 27 EU member states. Its implementation in Poland places the country alongside other EU nations, such as Bulgaria, Romania, Lithuania, and Slovakia, that do not perform same-sex marriages but must now recognize those legally conducted elsewhere within the bloc.
Pro-LGBTQ+ advocacy groups in Poland view the court’s decision as a crucial, if incremental, victory. They frame it as the “first step” toward broader legal reform, though full marriage equality remains distant given constitutional and political barriers.
The situation underscores the ongoing friction between EU law, which prioritizes cross-border rights for families, and national constitutions and political traditions that resist redefining marriage. For now, Poland must comply with the administrative registration order, while the legislative path to partnership rights remains uncertain and highly polarized.
