Poland's Constitutional Court ruled unanimously that the registration in the Polish civil registry of same-sex marriages contracted in other European Union countries is contrary to the Constitution, overturning the government regulation that provided for their recognition.
According to the court's reasoning, the Polish Constitution defines marriage as a union between a man and a woman, so the transcription of a marriage contracted abroad can only be carried out if it complies with this constitutional definition. The court also emphasized that matters related to marriage and the family remain the competence of national authorities.
The decision overturns changes approved by the government in May this year, which were due to come into force at the end of August. They were taken to implement a November 2025 ruling by the Court of Justice of the European Union, according to which Poland must recognise for legal purposes same-sex marriages concluded in other EU countries, so that citizens do not lose their rights deriving from freedom of movement within the union.
The case was initiated by a lawsuit filed by two men, a Polish citizen and a dual Polish-German citizen, who married in Germany in 2018 and sought to register their marriage upon their return to Poland. The latest ruling is expected to deepen the clash between Poland's Constitutional Court and European Union institutions over the primacy of European law over national law.
Deputy Prime Minister Krzysztof Gawkowski criticized the decision, stating that the government will continue to seek solutions to protect the legal status of same-sex marriages contracted abroad.
Poland remains one of four European Union countries that do not recognize either marriages or civil unions of same-sex couples, along with Bulgaria, Romania and Slovakia.
