European Court of Justice Affirms Same-Sex Marriage Recognition in Poland

Wed Nov 26 2025 04:54:07 GMT+0200 (Eastern European Standard Time)

In a landmark ruling, the European Court of Justice mandates Poland to recognize same-sex marriages legally conducted in other EU states, marking a significant step in the fight for LGBTQ+ rights within the EU.

The ruling by the European Court of Justice requires Poland to accept same-sex marriages performed in other EU countries, addressing the rights of a Polish couple married in Berlin and challenging local laws. The decision is seen as a pivotal moment for marriage equality in Poland, amidst ongoing debates and legislative challenges.

Poland has been told to recognise same-sex marriages registered elsewhere in the European Union, in a ruling by the EU's top court.

The European Court of Justice (ECJ) stated that EU member states are obliged to recognise a same-sex marriage between two EU citizens that has been lawfully concluded in another member state.

The ruling addresses the case of a Polish couple who married in Berlin in 2018. Upon returning to Poland, their marriage certificate was rejected as Polish law does not recognize same-sex unions.

Importantly, the ECJ clarified that Polish domestic law wouldn't need to change in order to acknowledge these marriages.

Since the Netherlands legalized same-sex unions in 2001, other EU countries have followed suit, yet Poland, Hungary, and Slovakia have not yet accepted such relationships.

The ruling indicated that while marriage regulations lie within each member state's jurisdiction, they must adhere to EU law while exercising that authority.

It highlighted the rights of the Polish couple to freedom of movement and family life, determining that forcing them to live as an unmarried couple contradicted EU law and infringed upon their rights.

While Poland's pro-European coalition government has sought to enhance LGBTQ+ rights, any significant changes could face opposition from conservative political factions, including the President.

Katarzyna Kotula, a secretary of state allied with Prime Minister Donald Tusk, hailed the ruling as a crucial progression towards marriage equality, while Krzysztof Smiszek, an MEP, recognized it as a historical moment.