Poland’s top administrative court has ruled that same-sex marriages performed in other EU countries must be recognized. The decision follows a Polish couple who married in Germany but were denied registration in Warsaw.
Same-sex marriages performed in other EU countries will now be recognized in Poland, the Supreme Administrative Court ruled on Friday. The decision marks a landmark moment for LGBTQ+ rights in one of the bloc’s most socially conservative countries.
The case involved a Polish couple who married in Germany in 2018. When they later moved to Warsaw, officials refused to register their marriage, citing the constitution’s definition of marriage as between a man and a woman.
Last November, the European Court of Justice ruled that EU member states cannot refuse to recognize same-sex marriages lawfully conducted elsewhere in the bloc. However, it had remained unclear whether Poland would implement that principle at home — until now.
Court explains its decision
“In the opinion of the Court, 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,” the court wrote.
While Polish law continues to define marriage as exclusively between a man and a woman, the court said that recognizing same-sex marriages in the registry “does not violate national identity” or interfere with Poland’s authority to set its own family laws.
The decision was met with applause in the courtroom, where activists and same-sex couples had gathered, according to AFP.
Thousands could see marriages recognized
Rights groups estimate that 30,000 to 40,000 Polish citizens have entered same-sex marriages abroad. The ruling could allow many of those unions to be formally recognized at home.
Still, some uncertainty remains.
Because the court tied recognition to marriages conducted abroad under EU freedom-of-movement rules, lawyers say it is unclear whether marriages performed outside Poland by couples who have not lived long-term in another EU country will also be recognized.
Where Poland stands in Europe
Poland remains one of the few countries in Europe that does not recognize same-sex unions in domestic law, alongside Bulgaria, Romania and Slovakia.
The country has consistently ranked among the worst in Europe for LGBTQ rights, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA).
While only 31% of Poles support legalizing same-sex marriage, an Ipsos poll last year found that 62% favor some form of legal recognition for same-sex unions.
Edited by: Alex Berry
DW News
