Poland’s Constitutional Court has blocked the Polish Government from recognising same-sex marriages performed in other countries, defying its legal obligations to the European Union.
The Court of Justice of the European Union had ruled in November that all EU member states must recognise same-sex marriages performed in other EU countries after a Polish same-sex couple who had married in Germany brought their case before the court.
“European Union citizens enjoy the freedom to move and reside within the territory of the Member States and the right to lead a normal family life when exercising that freedom and upon returning to their Member State of origin,” the court had found.
“Such a refusal is contrary to EU law [and] infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life.”
At the time, 24 EU member states already provided some form of legal recognition for same-sex couples, but Bulgaria, Romania and Poland did not.
Poland’s Supreme Administrative Court then ruled in March that same-sex marriages performed in other countries must be recognised in Poland, in line with the Court of Justice’s decision.
Government was ready to adopt reform
The Polish Government had accepted that decision and was preparing to receive applications for recognition in Poland’s civil register from tens of thousands of Polish citizens who have married their same-sex partners abroad.
However Poland’s opposition Law and Justice Party appealed the ruling to the country’s Constitutional Court which is stacked with justices that were appointed when Law and Justice were still in power.
Poland’s Constitution defines marriage as a union between a man and a woman and the Constitutional Court ruled that this prevented Poland from obeying the EU court’s directive.
Government and President at loggerheads
Polish Prime Minister Donald Tusk defeated the Law and Justice Party when he came to power in 2023.
But Poland’s President Karol Nawrocki was elected in 2025 with the support of the Law and Justice Party, giving them effective control over two branches of government while still in opposition.
Prime Minister Tusk’s Civic Coalition Government has been pushing for same-sex civil unions to be introduced in Poland.
But President Nawrocki has pledged to veto even that level of reform while he remains in office until at least 2030.
Former prime minister and Law and Justice Party leader Jarosław Kaczyński has suggested that he would outlaw same-sex couples from becoming parents if his party is returned to power at the next parliamentary election in 2027.
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