Poland’s Constitutional Tribunal rejects recognition of same-sex marriages performed in other EU countries
The Constitutional Tribunal in Warsaw has struck down a regulation that would have required civil registries to record same-sex marriages performed abroad, defying a 2025 EU court ruling and setting up a legal confrontation between Polish and European law.
EU court ruling and Polish implementation
In November 2025 the Court of Justice of the European Union ruled that member states must recognize same-sex marriages contracted in other EU countries so that couples can continue their family life when exercising free movement rights. The case was brought by two men who married in Berlin in 2018. Poland’s Supreme Administrative Court translated that judgment into domestic law in March 2026, and in May the government approved a regulation issued by Interior Minister Marcin Kierwinski ordering all civil registries to record such unions. The regulation was scheduled to enter into force at the end of August.
- CJEU rules EU states must recognize same-sex marriages performed in other member states
- Poland’s Supreme Administrative Court orders recognition of foreign same-sex marriages
- Polish government approves regulation to implement recognition
- Constitutional Tribunal strikes down regulation as unconstitutional
Tribunal strikes down the regulation
On Tuesday the Constitutional Tribunal in Warsaw ruled unanimously that Kierwinski’s regulation is unconstitutional. In a short statement the court said the plans for the “preparation and issuance of certified copies concerning unions contracted abroad that do not constitute a union between a woman and a man” were “inconsistent with Article 92, Paragraph 1, in conjunction with Article 18 of the Constitution of the Republic of Poland.” The ruling is final and blocks any entry of foreign same-sex marriages into the country’s civil registry.
The preparation and issuance of certified copies concerning unions contracted abroad that do not constitute a union between a woman and a man are inconsistent with Article 92, Paragraph 1, in conjunction with Article 18 of the Constitution of the Republic of Poland.
Constitutional arguments
Article 18 of the Polish constitution defines marriage as a union of a man and a woman and places it under the protection of the state. Article 92 Paragraph 1 specifies that regulations must be issued by bodies designated in the constitution. The tribunal did not elaborate further, but the reference to those articles suggests the judges considered that the European court order encroached on Poland’s sole authority to set family and marriage policy. The decision effectively rejects the CJEU’s interpretation and asserts constitutional primacy on the definition of marriage.
Political dynamics
The challenge was brought by lawmakers from the right-wing opposition party Law and Justice (PiS). A majority of the Constitutional Tribunal’s judges were appointed when PiS held power and are seen as close to the party. The regulation had been adopted by the current government, creating a direct partisan and institutional clash over the issue.
What happens next
The ruling opens a potential power struggle between Warsaw and the EU. Under the doctrine of primacy of European law, Poland could face infringement proceedings for failing to comply with the CJEU judgment. Domestically, same-sex couples who married elsewhere in the EU will remain unable to have their civil status recognized, leaving their legal rights uncertain. The regulation that was set to take effect at the end of August is now dead, and no alternative pathway has been announced.
