EU Court Orders Poland to Recognize Same-Sex Marriages

The Court of Justice of the European Union decided on Tuesday that Poland must set aside its constitutional definition of marriage to acknowledge same-sex marriages performed in other EU countries.

This case traces back to 2018 when two Polish men married in Germany attempted to have their marriage registered in Poland. The Polish authorities denied their request according to traditional marriage laws, which prompted the couple to take legal action against this refusal.

The CJEU concluded that denying recognition of same-sex marriages “lawfully concluded in another Member State” breaches EU law, infringing on freedom of movement and “the right to respect for private and family life.”

This ruling mandates that member states recognize legally acquired marital status from other EU nations “to exercise the rights conferred by EU law.”

Interestingly, the judgment clarifies that Poland isn’t required to enact same-sex marriage at home. It noted that EU member states can use discretion in how they recognize such unions.

However, if a country employs a uniform process for acknowledging foreign marriages—like registering a certificate of residence—that same procedure must also include same-sex marriages.

Poland’s Article 18 of the constitution defines marriage as the “union of a man and a woman,” with “family, motherhood, and parenthood” receiving state protection.

This ruling signifies another point of contention between Polish authorities and EU institutions on social issues, particularly as Brussels pushes for a consistent acknowledgment of same-sex unions amid resistance from more conservative nations.

Tobias Boczynski, a Polish MEP from the conservative Law and Justice party, labeled the ruling as “yet another attack on the rule of law” by EU officials. He expressed concerns about national sovereignty, claiming that this decision is a “forced imposition of leftist policies” rather than a matter of democracy or freedom.

Michał Kowalski, another Law and Justice member in the Polish Parliament, echoed these sentiments, arguing that the ruling undermines state authority. He stated that it is an effort to “break the Polish constitution” and impose an external definition of marriage under the pretense of equality, which he sees as a violation of national sovereignty.