Polish court rules same-sex marriages performed in the EU must be recognized

In a watershed for LGBT rights in Poland, the Supreme Administrative Court (NSA) has ruled that same-sex marriages performed in other EU member states must be recognised — a striking shift in a traditionally Catholic nation.

The decision, delivered in line with a ruling by the EU’s top court, drew applause in the courtroom as longtime activists and same-sex couples gathered to celebrate.

The case centred on Jakub Cupriak-Trojan and his husband, Mateusz Trojan, who married in Berlin in 2018.

After the couple relocated to Poland, Warsaw’s Civil Registry refused to recognise their marriage because the Polish constitution does not recognise same-sex marriages.

Whether Poland — which has repeatedly wrestled with the EU over LGBT rights — would accept such a judgment had been uncertain.

“Today we are celebrating a human rights holiday, an incredible decision, very much needed,” said Pawel Knut, one of the couple’s lawyers.

Although the Polish constitution defines marriage as a union between a man and a woman, judge Leszek Kirnaszek said it does not prevent recognising marriages concluded in other EU countries.

“EU regulations grant every citizen the right to freedom of movement and prohibit discrimination on the grounds of sex and sexual orientation,” he said.

However, because the court said marriages must have been concluded “abroad making use of the freedom of movement and residence,” lawyers cautioned it remains unclear whether the ruling covers all same-sex unions or only those where couples have lived in another country for an extended period.

Rights organisations estimate that 30,000 – 40,000 same-sex marriages have been concluded by Polish citizens abroad.

Poland is one of the last European countries not to have legalised same-sex marriages or civil unions, along with Bulgaria, Romania and Slovakia.

The country has consistently ranked among the worst in Europe for LGBTQ rights, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA).

Although only 31% of Poles support the introduction of same-sex marriage, according to an Ipsos poll conducted last year, 62% back some form of legal recognition of same-sex unions.