Poland must recognise same-sex marriages contracted abroad, EU court says
The top EU court, in connection with a case brought by a Polish couple, has ruled that all EU member states must acknowledge same-sex marriages legally contracted in other EU countries, even if domestic law does not provide for such unions.
The couple married in Berlin in 2018 and, upon returning to Poland, asked the local civil registry to record their marriage certificate. The request was rejected.
On Tuesday, the Court of Justice of the European Union (CJEU) found that a member state's refusal to recognise a marriage lawfully contracted between two EU citizens breaches EU law. While marriage legislation remains the competence of individual member states, the court said that they must still comply with EU rules guaranteeing citizens' freedom of movement, the right to reside in other member states and the ability to lead a normal family life there.
Polish law currently does not permit same-sex marriage and does not recognise such marriages contracted abroad. The CJEU ruling does not oblige Poland to change its law regarding same-sex marriage, but to acknowledge the status of marriages legally concluded in other EU countries.
Later that day, Katarzyna Kotula, secretary of state at the Polish Prime Minister's Office, called the CJEU ruling "historic."
"Now we will deliberate on how to implement it," she told PAP, adding that Poland had six months to do so and that the government can "choose the means" independently, as consent from the president or the parliament is not required.
"Everything depends on the decision of the government and registry offices," Kotula said.
She added that Poland's government was working on a draft law titled "Status of the Closest Person and Cohabitation Agreement" to provide legal recognition for cohabiting couples, including same-sex couples.
The bill, presented by the ruling coalition, aims to grant rights in areas including inheritance, property, and healthcare, though it faces challenges due to the president's opposition. The bill was presented to the Sejm, the lower house of parliament, in June 2025 and is currently undergoing the parliamentary process. (PAP)
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