Poland’s conservative Constitutional Tribunal has ruled against recognising same-sex marriages legally performed elsewhere in the European Union. The government says it will continue recognising foreign same-sex marriage anyway. Digital Affairs Minister Krzysztof Gawkowski said the ruling is an attempt to prevent Poland from fulfilling its obligations under EU law.
THIS ARTICLE AT A GLANCE
- Poland’s Constitutional Tribunal ruled regulation allowing foreign same-sex marriage registration is unconstitutional
- The tribunal found same-sex marriage conflicts with the constitution, which defines marriage as between a man and a woman
- Government says recognition of foreign same-sex marriages “is and will remain legal”
- New regulations came into force in August 2026, allowing civil registry offices to recognise same-sex marriages.
- The Court of Justice of the EU ruled last year that Poland must recognise same-sex marriages concluded in other EU member states
- Since 29 August, 84 same-sex couples have transcribed their foreign marriage certificates in Poland
Poland’s Government Defies Constitutional Tribunal on Same-Sex Marriage Recognition.
Poland’s conservative Constitutional Tribunal has ruled against recognising same-sex marriages legally performed elsewhere in the European Union. The government says it will continue recognising foreign same-sex marriage anyway. Digital Affairs Minister Krzysztof Gawkowski said the ruling is an attempt to prevent Poland from fulfilling its obligations under EU law.
The conflict erupted after the tribunal ruled in July that a government regulation issued in May was unconstitutional. The regulation changed Poland’s civil registry system to allow registration of both opposite-sex and same-sex marriages performed abroad.
“It is not permissible for a constitutional norm to define marriage as a union of a woman and a man, while a norm of lower legal force allowed a union of persons of the same sex concluded abroad to be designated as marriage in a Polish document.”
The tribunal said the new government's decision conflicts with Article 18 of the Polish Constitution, which defines marriage as a union between a man and a woman. However, the new Polish government considers the tribunal improperly constituted and treats its rulings as invalid.
Digital Affairs Minister Krzysztof Gawkowski made the government’s position clear following the ruling.
“Recognition of foreign same-sex marriage certificates is and will remain legal.”
The new regulations came into force on 23 August, allowing all civil registry offices in Poland to recognise same-sex marriages conducted in other European Union countries.
The decision was made after a ruling by the European Court of Justice that required Poland to recognise same-sex unions. The Polish Supreme Administrative Court made a similar ruling in March 2026, ordering a civil registry office to transcribe a foreign same-sex marriage certificate.
“Every same-sex couple who concluded a marriage abroad will be able to legally transcribe this document in Poland.”
Quickly after regulations took effect, Polish registry offices approved 11 same-sex marriage certificates. By 29 August, that number had grown to 84 couples.
The minister warned local officials that refusing to comply with the new regulations would constitute breaking the law. Some local conservative councils have said they will not enter such marriages into their registries, citing the constitutional definition of marriage and the tribunal’s ruling.
Polish law still does not allow same-sex unions to be concluded in the country in any form. The legal consequences of registering foreign same-sex marriages remain unclear, as Poland’s domestic law does not provide for a legally recognised form of same-sex union.
