Polands top court blocks recognition of same-sex marriages from abroad, defying EU ruling

Poland's Constitutional Tribunal ruled on Tuesday that a government regulation allowing the recognition of same-sex marriages conducted abroad is unconstitutional. The tribunal stated that the regulation by Interior Minister Marcin Kierwinski is inconsistent with the Polish Constitution, which defines marriage as a union between a man and a woman.

The ruling comes after a case was brought by two men who married in Berlin in 2018 and sought recognition of their marriage in Poland. The Constitutional Tribunal, which is predominantly composed of judges appointed during the rule of the Law and Justice (PiS) party, deemed the regulation unconstitutional.

This decision contradicts a previous ruling by the Court of Justice of the European Union (CJEU) in November 2025, which stated that EU member states must recognize same-sex marriages conducted in other EU countries to ensure the free movement of EU citizens. The CJEU's decision was based on the principle that EU citizens should have the certainty that their family life can continue in different EU countries.

In March 2026, Poland's Supreme Administrative Court had ruled that same-sex marriages conducted in other EU member states must be recognized by the Polish state, thereby implementing the CJEU's decision into Polish law. However, the recent ruling by the Constitutional Tribunal overturns this decision.

The Constitutional Tribunal's decision was unanimous and final. The court stated that 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. Article 18 of the constitution reads as follows: "Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland."

The regulation by Interior Minister Marcin Kierwinski was set to come into effect at the end of August. However, with the Constitutional Tribunal's ruling, this regulation will not be implemented.

The decision by the Constitutional Tribunal is final and cannot be appealed. This means that same-sex marriages conducted abroad will not be recognized in Poland, despite the CJEU's ruling.

The ruling has drawn criticism from advocacy groups and some political parties in Poland, who argue that it violates the rights of EU citizens and goes against the principle of free movement within the EU.

The case is expected to be closely watched by legal experts and advocacy groups across the EU, as it could set a precedent for how national courts interpret and apply EU regulations on social issues.

The Constitutional Tribunal's decision was made by a three-judge panel, including a conservative judge who played a key role in a 2020 ruling that nearly completely eliminated the possibility of abortion in Poland. The other two judges on the panel were former politicians from the ultra-conservative Law and Justice (PiS) party.

The Polish government had been moving to accommodate the CJEU's ruling, but the Constitutional Tribunal's decision blocks this effort. The government has not yet issued an official response to the ruling.

The case highlights the ongoing tension between Polish law and EU regulations, particularly concerning social issues such as same-sex marriage. The PiS party, which has been opposed to the recognition of same-sex marriages, played a significant role in bringing the case before the Constitutional Tribunal.

The ruling is the latest development in a series of legal battles over the recognition of same-sex marriages in Poland. The issue has been a contentious one in the predominantly Catholic country, where the ruling PiS party has been a vocal opponent of same-sex marriage.

The CJEU's ruling in November 2025 had been seen as a significant step forward for LGBTQ+ rights in the EU. However, the decision by Poland's Constitutional Tribunal underscores the challenges in implementing EU-wide regulations on social issues.

Advocacy groups have called on the European Commission to take action to ensure that the rights of same-sex couples are protected across the EU. The case is likely to have broader implications for the recognition of same-sex marriages across the EU, as it highlights the tension between national laws and EU regulations.

The Constitutional Tribunal's decision is final, and there is no further avenue for appeal within the Polish legal system. This means that the recognition of same-sex marriages conducted abroad will remain unrecognized in Poland for the foreseeable future.

The ruling has been met with disappointment by LGBTQ+ advocacy groups, who had hoped that the CJEU's decision would lead to greater recognition of same-sex marriages in Poland. However, the Constitutional Tribunal's decision is seen as a setback for LGBTQ+ rights in the country.