Polish Constitutional Court rules same-sex marriages concluded abroad unconstitutional

Three judges declare marriages concluded abroad invalid, but the government disregards the ruling. The court is considered illegal.

Published: July 29, 2026, 5:21 PM

From Warsaw | By Gabriele Lesser

Three judges at the Polish Constitutional Court have ruled that same-sex marriages concluded abroad are unconstitutional and therefore illegal in Poland. The ruling is explicitly directed against a May regulation issued by Digitalization Minister Krzysztof Gawkowski, which was intended to enable such recognition.

Background of the Regulation

With the so-called "transcription" regulation, Gawkowski sought to implement a ruling of the European Court of Justice (ECJ) into Polish law. Although same-sex couples still cannot marry in a civil ceremony in Poland, marriages they have concluded abroad should be recognized and "transcribed" into the Polish marriage register.

The regulation was part of the government's strategy to bypass right-wing nationalist President Karol Nawrocki, who must sign all laws. Just days ago, Nawrocki vetoed the first LGBTQI+ law in Polish history. Unlike laws, regulations do not require the president's signature, meaning Nawrocki cannot block them with his veto.

Political Opposition

The right-wing nationalist opposition party Law and Justice (PiS), which governed until 2023, fundamentally refuses to grant any rights to the LGBTQI+ community. Several PiS members of parliament appealed to the Constitutional Court, confident that the court—staffed exclusively with PiS-loyal judges since 2015—would rule in their favor.

Freedom of Movement as a Legal Argument

The ECJ had previously argued that freedom of movement within the Schengen area should not be restricted by the fact that a marriage valid in one EU country is invalid in another, thereby depriving spouses of civilly certified rights. In the interest of harmonizing EU law, the ECJ ruled that all EU countries must recognize same-sex marriages concluded abroad.

PiS immediately declared it would not accept this ruling, relying on the president's support. Only when the Digitalization Minister created new marriage categories—"man–man" and "woman–woman" alongside "man–woman"—in nationwide online registry office forms did PiS MPs take action and appeal to the Constitutional Court.

Status of the Constitutional Court

The Sejm, Poland's lower house of parliament, has long since elected new constitutional judges to replace those whose terms had expired. However, President Nawrocki has not sworn in four of the eight new constitutional judges. The sworn-in judges partly show solidarity with their elected but unsworn colleagues and have refrained from issuing rulings.

Since an ECJ ruling in 2025, the Polish Constitutional Court has been officially considered illegal at the European level—due to its unconstitutional composition and numerous rulings that do not conform to either Poland's constitution or EU law. Since the Tusk coalition took office, the Constitutional Court has been regarded as merely a propaganda tool of PiS.

Government Response

The government rarely publishes Constitutional Court rulings in the official journal of laws, meaning the rulings do not gain legal force and remain ineffective. The same is expected for this ruling concerning the LGBTQI+ community.

Of the three PiS-loyal constitutional judges who took up the PiS MPs' complaint, two were elected and sworn in unconstitutionally. Active politicians may not be appointed as constitutional judges, yet this is the case with Bogdan Święczkowski, the president of the Constitutional Court, who was active in the United Right.

Meanwhile, Minister Gawkowski has instructed all registry offices to continue transcribing same-sex marriages as before, stating they remain in line with Polish law.

Photo: March of the LGBTQI+ community for equal rights on June 13, 2026, in Warsaw. Credit: Kacper Pempel / Reuters