Mar 20 • 14:42 UTC 🇵🇱 Poland Rzeczpospolita

PiS files a request to the Constitutional Tribunal after the NSA ruling on same-sex marriages

The Polish government is challenging a court ruling that ordered the registration of a same-sex marriage in Poland.

On Friday, the Supreme Administrative Court of Poland ruled that the civil registry must record a same-sex marriage that was conducted in Berlin. This decision comes after two Polish citizens had unsuccessfully attempted to have their German marriage certificate transferred into Polish civil records. The civil registry had previously refused, citing that Polish law does not recognize same-sex marriages. The matter eventually reached the European Court of Justice, which ruled in November 2025 that EU member states, including Poland, must facilitate same-sex marriage and recognize such unions legally formalized in other EU states.

Following the European Court's decision, the case was returned to the Supreme Administrative Court, which overturned a previous ruling by the Provincial Administrative Court in Warsaw. The court mandated the civil registry to proceed with the transcription of the marriage certificate, providing a timeframe of 30 days for the implementation following the return of the case files from the court. This ruling represents a significant step forward in the ongoing debate regarding LGBTQ+ rights in Poland, a country known for its conservative stance on such matters.

In response to the Supreme Administrative Court's ruling, the ruling party, Law and Justice (PiS), has submitted a request to the Constitutional Tribunal, seeking to challenge the legality of the court's decision. This move illustrates the heightened tensions surrounding LGBTQ+ rights in Poland and the broader implications for how Polish law intersects with EU regulations. As the issue continues to unfold, it raises questions about the future of same-sex marriage recognition in Poland and the government's stance on human rights within the EU context.

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