EU Court Ruling Forces Poland to Recognize Same-Sex Marriages

In a landmark decision with far-reaching implications for LGBTQ+ rights, Poland’s Supreme Administrative Court (NSA) has ruled that same-sex marriages legally performed in other European Union member states must be recognized within Poland. The ruling stems from a case brought by Jakub Cupriak-Trojan and Mateusz Trojan, a same-sex couple married in Berlin in 2018, whose marriage was not recognized by Warsaw’s Civil Registry due to Polish constitutional law.

The Cupriak-Trojan and Trojan Case

Jakub Cupriak-Trojan and Mateusz Trojan initiated legal proceedings after being denied recognition of their marriage in Poland. The couple’s case gained prominence following a November 2025 ruling by the European Court of Justice (ECJ) which stipulated that EU member states must recognize same-sex marriages validly performed in other member states. The case was initially heard by the Naczelny Sąd Administracyjny, which then requested a preliminary ruling from the ECJ under Article 267 of the Treaty on the Functioning of the European Union (TFEU).

ECJ Ruling and Polish Response

The ECJ, in its decision (Case C-713/23), ruled that denying recognition of same-sex marriages performed in other EU countries would violate the principles of freedom of movement and non-discrimination enshrined in Article 20(2)(a) and Article 21(1) TFEU, as well as Article 7 and Article 21(1) of the Charter of Fundamental Rights of the European Union, and Article 2(2) of Directive 2004/38/EC. Despite previous clashes with the EU regarding LGBTQ+ rights, Poland’s Supreme Administrative Court ultimately upheld the ECJ’s ruling.

Nuances of the Ruling

Although a significant victory for LGBTQ+ rights advocates, the Polish court’s ruling includes a specific condition: the marriages must have been concluded “abroad making use of the freedom of movement and residence.” Lawyers representing the couple have indicated that this qualification raises questions about whether the decision will apply to all same-sex unions, or only those where the couple has established residency in another EU country.

Impact and Estimates

Rights organizations estimate that between 30,000 and 40,000 same-sex marriages involving Polish citizens have been performed abroad. Poland remains one of the few European countries, alongside Bulgaria, Romania, and Slovakia, that does not legally recognize same-sex marriage or civil unions. According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), Poland consistently ranks poorly in Europe regarding LGBTQ+ rights.

Public Opinion

Public opinion in Poland regarding same-sex marriage remains divided. An Ipsos poll conducted in 2025 revealed that 31% of Poles support the introduction of same-sex marriage, while 62% support some form of legal recognition for same-sex unions.

Key Takeaways

• The Polish Supreme Administrative Court has ruled to recognize same-sex marriages performed in other EU member states.
• The ruling stems from a case brought by Jakub Cupriak-Trojan and Mateusz Trojan and is based on a prior decision by the European Court of Justice.
• The ruling is conditional, applying to marriages concluded while exercising freedom of movement within the EU.
• Poland remains one of the last European countries without full legal recognition of same-sex marriage.