Poland's Constitutional Tribunal Blocks Recognition of Foreign Same-Sex Marriages

WARSAW — Poland's Constitutional Tribunal has struck down legislation that would have allowed the recognition of same-sex marriages performed in other European Union member states, ruling that the measure violates the country's constitution. This was reported by Inquirer.net.

In a unanimous decision issued July 28, the court found that registering same-sex marriages contracted abroad in Poland's civil registry is incompatible with Article 18 of the Polish Constitution, which defines marriage as a union between one man and one woman.

The legislation had been introduced by Poland's government in response to a November 2025 ruling by the Court of Justice of the European Union (CJEU). The EU court held that while Poland is not required to legalize same-sex marriage, it must recognize marriages lawfully performed in other EU countries when necessary to protect the rights of couples exercising freedom of movement within the bloc.

The case stemmed from a same-sex couple — one Polish citizen and one German-Polish dual national — who married in Germany in 2018 before relocating to Poland the following year.

Poland's Supreme Administrative Court ruled in March that recognizing such marriages for civil registry purposes would not undermine the country's authority over family law. The government subsequently approved implementing legislation in May, with the changes scheduled to take effect at the end of August.

However, the opposition Law and Justice (PiS) party challenged the measure before the Constitutional Tribunal, which ultimately invalidated the law. The court's decision is final.

The ruling is expected to deepen longstanding tensions between Poland's Constitutional Tribunal and EU judicial institutions, which have repeatedly clashed over the scope of EU law and the independence of Poland's judiciary.

Poland remains one of four EU member states that recognize neither same-sex marriage nor civil unions.

Previously, the UOJ reported that the Presbyterian Church (USA) has approved a measure supporting access to gender-transition treatments, including for minors.