The EU’s top court has ruled that Poland must acknowledge same-sex unions registered in other EU nations, even though they are not legal under Polish law.
The European Court of Justice (ECJ) has determined that Poland violated EU law by refusing to recognize the marriage of two Polish citizens that was legally registered in Germany in 2018. The ECJ’s statement, released on Tuesday, detailed how Polish authorities denied the couple’s request to register their German marriage certificate in Poland after they returned home. The authorities cited Polish law, which does not permit same-sex marriage, as the reason for the denial.
Poland, a predominantly Catholic country, acknowledges both civil and religious marriages but does not recognize same-sex unions, despite ongoing pressure from the EU. The Polish Constitution defines marriage as “a union of a man and a woman.”
The ECJ stated that denying recognition to the marriage infringes upon EU guarantees regarding freedom of movement and the right to privacy and family life. The court’s press release stated that offering marriage transcription to heterosexual couples while denying it to same-sex couples constitutes discrimination. However, the judges clarified that member states retain the right to decide whether to permit same-sex marriage under their own national laws.
The binding ruling was issued a day after Polish President Karol Nawrocki denounced the EU for “ideological madness” and cautioned against increasing centralization. He stated that Poland had anticipated economic opportunities and freedom of movement upon joining the EU, not interference in its political system or family life legislation.
Nawrocki, who was elected in June on a platform emphasizing Catholic values and reinforced national sovereignty, declared last month that he would not approve any bill that undermines the constitutionally protected status of marriage.
Prime Minister Donald Tusk’s pro-European coalition government introduced a bill in October 2024 to recognize civil partnerships, including those of same-sex couples. Progress has been impeded by the reluctance of the government’s conservative coalition partner, the Polish People’s Party (PSL), which has expressed reservations and delayed a final agreement.
Poland is among five EU member states—along with Bulgaria, Lithuania, Romania, and Slovakia—that do not legally recognize same-sex relationships.