Poland to Recognize Same-Sex Marriages Performed in EU Countries

In a landmark decision for LGBTQ+ rights, Poland’s Supreme Administrative Court ruled on Friday that marriages between same-sex couples legally performed in other European Union member states will be recognized in Poland. This ruling follows a November 2023 decision by the Court of Justice of the European Union (CJEU) stating that EU member states cannot refuse to recognize same-sex marriages lawfully conducted elsewhere in the bloc .

The Case and the Ruling

The case brought before the Polish court involved a Polish couple, Jakub Kupriak-Trojan and Mateusz Trojan, who married in Germany in 2018. Upon returning to Warsaw, Polish officials refused to register their marriage, citing the Polish constitution’s definition of marriage as being between a man and a woman .

The Supreme Administrative Court determined that recognizing these marriages does not conflict with Poland’s legal order or national identity. Judge Leszek Kirnaszek stated that EU rules guarantee citizens the right to free movement and prohibit discrimination based on sexual orientation .

Impact and Estimates

Rights groups estimate that between 30,000 and 40,000 Polish citizens have entered into same-sex marriages abroad . This ruling could allow many of those unions to be formally recognized within Poland.

Poland’s Position on Same-Sex Unions

Poland currently does not recognize same-sex marriage or civil unions domestically . It is one of the last European countries, along with Bulgaria, Romania, and Slovakia, that has not legalized either same-sex marriage or civil unions . The country has been frequently cited as one of the most socially conservative in Europe regarding LGBTQ+ rights .

Public Opinion

Recent surveys indicate varying levels of public support for same-sex unions in Poland. An Ipsos survey conducted last year showed that 31% of Poles support the introduction of same-sex marriage, although 62% support some form of legal recognition for same-sex unions .