EU court rules Poland must recognize same-sex marriages

(MENAFN) The European Court of Justice (ECJ) has ruled that Poland must recognize same-sex marriages performed in other EU countries, even though such unions remain illegal under Polish law. The decision stems from a 2018 case in which two Polish nationals married in Germany were denied registration of their marriage upon returning to Poland. Polish authorities had refused to enter their German marriage certificate into the national civil registry, citing the country’s constitutional definition of marriage as “a union of a man and a woman.”

The ECJ said that failing to recognize the marriage violated EU guarantees on freedom of movement and the right to respect for privacy and family life. The court emphasized that offering recognition to heterosexual couples but not same-sex couples constitutes discrimination. However, the ruling clarified that member states retain the right to decide whether to allow same-sex marriages under their domestic law.

The verdict comes amid rising tensions between Warsaw and Brussels. Polish President Karol Nawrocki criticized the court’s decision as “ideological madness” and warned against EU centralization. Meanwhile, Prime Minister Donald Tusk’s pro-European coalition has been trying to advance legislation recognizing civil partnerships, including for same-sex couples, but progress has been slowed by resistance from the conservative Polish People’s Party.

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