Poland must recognise same-sex marriages from other EU states

The decision concerns a Polish couple who married in Berlin in 2018 and later requested a transcription of their marriage certificate into Poland’s civil registry. Polish authorities rejected the request on the grounds that their nation’s law does not permit same-sex marriage.

The EU court insisted that refusing to recognise the same-sex marriage conducted in Germany “infringes not only the freedom to move and reside, but also the fundamental right to respect for private and family life”.

The ruling does not mandate the legalisation of same-sex marriage within Poland. But it compels Poland to treat a foreign same-sex marriage exactly as it treats a foreign heterosexual marriage.

After the ruling, Poland’s Prime Minister Donald Tusk stressed that Poland would maintain both its EU commitments and its constitutional processes. He acknowledged that the issue “divides opinion”, but underscored that “respecting tribunals” is part of his government’s approach to European institutions. However, he added that Poland will safeguard its own legislative autonomy.

President Karol Nawrocki was critical of the ruling. In a statement, the deputy head of the presidential chancellery, Adama Andruszkiewicz, described the EU court’s decision as “an attempt to circumvent the Polish Constitution”, arguing that marriage law falls within national competencies.

He signalled that President Nawrocki may use his veto powers should Poland’s Parliament attempt to introduce legislation perceived as exceeding the limits of the EU court’s judgement.

FULL STORY

Catholic Poland and the European Court’s decision on same-sex marriage (By Niwa Limbu/Catholic Herald – registration required)