Poland
Polish government to recognize same-sex marriages from EU countries
Prime minister: recognition ‘no way a path to the possibility of adoption’
The Polish government on Tuesday said it will 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. 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.
Prime Minister Donald Tusk on Tuesday reportedly apologized to same-sex couples for the “years of rejection and humiliation” they suffered because Poland did not recognize their relationships.
“I hope that after the ruling of the (European Union) court and the Supreme Administrative Court, we will also find swift and necessary legislative solutions in parliament,” said Tusk, according to TVP, Poland’s public broadcaster.
Warsaw Mayor Rafał Trzaskowski, a member of Tusk’s centrist Civic Coalition party, who supports LGBTQ rights, said his city will begin to recognize same-sex marriages legally performed in other EU countries before the government does. Tusk, for his part, said this recognition is “no way a path to the possibility of adoption.”
Any marriage recognition bill that MPs pass will go to President Karol Nawrocki, who is a socially conservative Catholic.
“We welcome these decisions and announcements with hope,” said the Campaign Against Homophobia, a Polish LGBTQ advocacy group. “The true confirmation of these words, however, will be the signing of the aforementioned regulation and the actual certificates held in the hands of those Polish couples who were forced to fight for their dignity and justice before Polish courts.”
Karolina Gierdal, a lawyer with Lambda Warszawa, another Polish LGBTQ rights organization, criticized Tusk’s adoption comments.
“It is sad that the LGBT community is once again presented as a threat, as if society needs reassurance that adoption rights ‘won’t happen.’” she told TVP. “The reality is that children are already being raised in same-sex families in Poland, and maintaining the current legal situation means reducing the level of legal protection available to those children.”
Poland
Polish court rules country must recognize same-sex marriages from EU states
Poland ‘must comply with European Union law’
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.
