World • 6h ago
Top Polish court orders recognition of EU same-sex marriage documents
**Poland's Supreme Administrative Court Orders Recognition of EU Same-Sex Marriage Documents**
In a significant ruling, Poland's Supreme Administrative Court has ordered local authorities to recognize same-sex marriages performed in other EU member states. The decision, handed down on Friday, follows a ruling by the European Court of Justice (ECJ) last year that Poland had violated EU law by refusing to recognize the marriage of two Polish nationals registered in Germany in 2018.
The ruling is a victory for pro-LGBTQ groups in Poland, who have long been pushing for greater recognition and rights for same-sex couples. However, it is worth noting that same-sex marriages cannot be legally concluded in Poland due to Article 18 of the Polish Constitution, which defines marriage as a "union of a man and a woman." The court's decision only applies to the recognition of same-sex marriage certificates issued abroad for administrative and residency purposes.
The ruling was a reversal of a previous decision by the Provincial Administrative Court in Warsaw. Pro-LGBTQ groups in Poland have hailed the verdict as the "first step" toward changing the laws in their favor. However, the road ahead is likely to be challenging, given the country's conservative leanings and the opposition from groups such as the Polish People's Party (PSL) and the Law and Justice (PiS) party.
In October 2024, Polish Prime Minister Donald Tusk's pro-EU coalition government introduced a draft bill to recognize civil partnerships, including for same-sex couples. However, the bill faced pushback from the government's conservative partner, the Polish People's Party (PSL), as well as the opposition Law and Justice (PiS) party.
President Karol Nawrocki, elected last June on a pledge to defend Catholic values, has ruled out signing any bill that would undermine the constitutional definition of marriage. Nawrocki has accused the EU of "ideological madness" and vowed to resist what he described as the bloc's attempts to interfere in Polish politics.
The ECJ ruling applies automatically to all 27 member states, some of which, including Bulgaria, Romania, Lithuania, and Slovakia, do not recognize same-sex marriages. The decision is a significant development in the ongoing debate over LGBTQ rights in Poland and across the EU.