Connect with us

Poland

Polish court rules country must recognize same-sex marriages from EU states

Poland ‘must comply with European Union law’

Published

on

The Polish Sejm in Warsaw in 2024. Poland’s Supreme has ruled the country must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

Poland’s Supreme Administrative Court on March 20 ruled the country must recognize same-sex marriages legally performed in other European Union states.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

“Today’s ruling by the Supreme Administrative Court clearly demonstrates that Poland, as a member state of the European Union, must comply with European Union law,” said Przemek Walas, advocacy manager for the Campaign Against Homophobia, a Polish LGBTQ advocacy group, in a statement. “The Supreme Administrative Court rightly upheld the interpretation of the Court in Luxembourg and indicated that the only way to implement this ruling is to allow the transcription of a foreign marriage certificate.”

“This ruling is a significant step towards marital equality, but certainly not sufficient,” added Walas.

Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia are the EU countries that have extended full marriage rights to same-sex couples. Poland — along with Romania, Bulgaria, and Slovakia — are the four EU countries with no legal recognition of same-sex couples.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Poland

Poland begins to legally recognize same-sex marriages from other countries

‘This is an important milestone, but it should not be the final destination’

Published

on

The Polish Sejm in Warsaw in 2024. The country has begun to recognize same-sex marriages legally performed elsewhere. (Washington Blade photo by Michael K. Lavers)

Poland has begun to recognize same-sex marriages legally performed outside the country.

TVP World, the country’s public broadcaster, reported civil registry offices began to “transcribe same-sex marriages legally” conducted outside of Poland on Aug. 22.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

Poland’s Constitutional Tribunal a few days later rejected the recognition of same-sex marriages legally performed in other EU countries. The Love Does Not Exclude Association, a Polish marriage equality advocacy group, in an Aug. 26 press release notes the ruling “does not prevent implementation of these new regulations” because the Constitutional Tribunal is “largely discredited” and the government considers it “to be improperly constituted.”

“This is an important milestone, but it should not be the final destination,” said Maja Heban of the Love Does Not Exclude Association. “No couple should have to cross a border to marry. Our goal is allowing loving, committed couples to marry in Poland in the first place. The law now increasingly recognizes these marriages once couples return to Poland in areas such as healthcare and social security, but significant gaps remain, mainly lack of recognition of same-sex parents which directly impacts security of their children.”

Germany, Belgium, France, Ireland, Spain, and Portugal are among the EU countries in which same-sex couples can legally marry. Andorra, whose prime minister, Xaviet Espot Zamora, is openly gay, and Switzerland are among the other European nations that have extended marriage rights to same-sex couples.

The Andorran Counsel General in Andorra la Vella, Andorra. Andorra is among the European countries that have extended marriage rights to same-sex couples.(Washington Blade photo by Michael K. Lavers)

The Netherlands in 2001 became the first country in the world to extend marriage rights to same-sex couples. Activists who participated in this year’s World Pride that took place in Amsterdam earlier this summer marked this milestone.

Participants in the World Pride Human Rights March in Amsterdam on Aug. 8, 2026, commemorate the 25th anniversary of marriage equality in the Netherlands. (Washington Blade photo by Michael Key)
Continue Reading

European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

Published

on

(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

Continue Reading

Poland

Polish president vetoes same-sex relationship recognition bills

Karol Nawrocki: measures would ‘lead to the loss of the special status of marriage’

Published

on

Polish President Karol Nawrocki (Screen capture via Karol Nawrocki/YouTube)

Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

Reuters reported Nawrocki rejected two measures that would have allowed same-sex couples who live together to enter into “cohabitation contracts.” Reuters noted the bills would have allowed same-sex couples to make decisions on issues that include access to medical information, property rights, and burial.

The country’s coalition government backed the bills that MPs approved. Nawrocki, a socially conservative Catholic, in a statement said they “create a new, formalized institution of family law, ​equipped with a broad catalogue of rights similar to those of marriage.”

“As the guardian of the Constitution, I cannot accept a solution that would lead to the loss of the ‌special ⁠status of marriage, defined in Article 18 of the Constitution as a union of a man and a woman under the protection and care of the Republic of Poland,” said Nawrocki, as Reuters noted.

Prime Minister Donald Tusk sharply criticized Nawrocki.

Miko Czerwiński of the Campaign Against Homophobia, a Polish LGBTQ advocacy group, in a statement noted nearly 80 percent of Poles “believe that the status of same-sex couples should be protected.”

“Once again, the voice of society has proven irrelevant to those in power,” said Czerwiński. “We are not willing to accept this. We will continue working towards full marriage equality.”

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Tusk, for his part, apologized to same-sex couples for the “years of rejection and humiliation” they suffered because Poland did not recognize their relationships.

“We will continue working towards full marriage equality,” said Czerwiński in response to Nawrocki’s vetoes. “We will not allow years of work by non-governmental organizations, activists, and our entire community to be wasted.”

Continue Reading

Popular