Poland’s Top Court Orders Recognition of EU Same-Sex Marriages

Same-Sex Marriage

Poland’s top administrative court has ruled that authorities must recognise same-sex marriages conducted in other EU countries, marking a significant legal development for LGBTQ+ rights in the nation.

The Supreme Administrative Court (NSA) determined that public authorities are required to enter such marriages into Poland’s civil registry, even though same-sex marriage is not currently permitted under domestic law.

While Poland does not recognise same-sex marriage internally, some limited rights have been granted over the years. A 2012 Supreme Court ruling allowed for certain protections, such as tenancy rights and the ability to refuse to testify against a partner, alongside limited access to social benefits.

The latest decision follows a November 2025 ruling by the European Court of Justice, which found that EU member states must recognise marriages legally performed in another member state when couples have exercised their right to freedom of movement and residence.

The court also determined that refusing to acknowledge such unions breaches EU law and infringes on fundamental rights, including respect for private and family life.

The Polish case centred on a same-sex couple who married in Berlin in 2018 but were denied recognition upon returning to Poland. The NSA has now overturned earlier rulings by a Warsaw administrative court and civil registry officials, ordering that the marriage be officially recorded within 30 days.

The decision has been widely welcomed by equality advocates and political leaders. Deputy Prime Minister and Minister for Digital Affairs Krzysztof Gawkowski described it as a “landmark decision”, stating that it affirms that “rainbow families are equal before the law.”

The ruling represents a notable step forward for legal recognition of same-sex couples in Poland, even as broader marriage equality remains unresolved.

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