Poland's Constitutional Court blocks recognition of same-sex marriages from abroad, defying EU ruling

Source: Christoph Schmidt/dpa

Poland's Constitutional Court has ruled against the recognition of same-sex marriages concluded abroad, defying EU requirements and a prior ruling by the Supreme Administrative Court. Slovakia is also heading toward a conflict with the EU on the same issue.

Court Ruling

In Poland, the Constitutional Court has ruled that the regulation issued by Interior Minister Marcin Kierwiński—which would have required the recognition of same-sex marriages performed abroad—is unconstitutional. The judges in Warsaw stated that the Polish constitution defines marriage as a union between a man and a woman.

EU Context

In November, the Court of Justice of the European Union (CJEU) ruled that EU member states must recognize same-sex marriages concluded in other member states. The Luxembourg-based judges determined that EU citizens must have the certainty that they can continue their family life across different EU countries, as this is part of their right to free movement within the bloc. The case was brought by two men who married in Berlin in 2018.

Previous Polish Ruling

In March, Poland's Supreme Administrative Court ruled that same-sex marriages concluded in other EU member states must be recognized by the Polish state, thereby implementing the CJEU ruling into Polish law. The order by Minister Kierwiński, which all registry offices were required to follow, was scheduled to come into force at the end of August.

Political Opposition

Members of Parliament from the right-wing conservative opposition party PiS appealed to the Constitutional Court. The court is predominantly staffed with judges appointed during the PiS government era, who are considered close to the party.

Slovakia: Parallel Dispute

A similar dispute over the recognition of same-sex marriages concluded abroad is currently ongoing in Slovakia. One case in particular has drawn attention, as the responsible authority has evaded making a decision despite the expiry of a relevant deadline. Prime Minister Robert Fico has now intervened in the debate, issuing a clear rejection.

Over the weekend, Fico reaffirmed, according to Slovak media reports, the "clear position" of his government that the Slovak constitution defines marriage as a "unique union between a man and a woman." He stated: "A same-sex marriage cannot be registered at a Slovak registry office, even if it was concluded in a country where this type of marriage is permitted." He coordinated this position with the responsible Interior Minister, Matus Sutaj Estok.

The Triggering Case

The debate was sparked by the application of a senior Slovak diplomat who married his partner—also a diplomat—in Austria in 2020. The couple is raising a son together. The decision on their application for recognition of the marriage in Slovakia was postponed by the responsible registry office despite the expiry of a deadline. This led to an official complaint from the Prosecutor General at the beginning of the week, who is pushing for a decision. The case is putting the government in Bratislava on a collision course with the EU.

dpa/nw