Poland prepares implementation of EU ruling on recognising foreign same-sex marriages

Jan 19, 2026 | Law, Politics, Society

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Notes from Poland is run by a small editorial team and is published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

The Polish digital affairs ministry has begun the process of implementing a ruling by the Court of Justice of the European Union (CJEU) that ordered the country to recognise same-sex marriages conducted in other member states.

The ministry has proposed a change to civil-registry documents, which would use “first spouse” and “second spouse” instead of the current “man” and “woman”. While the measure would recognise foreign same-sex marriages, it would not allow them to be conducted in Poland itself.

However, the proposals remain at an early stage, and it remains unclear if they will receive approval from the government as a whole. They have also been strongly criticised by the right-wing opposition.

In November, the CJEU ruled on a case brought by two Polish men who had married in Germany but found their efforts to have their union recognised in Poland rejected by the registry office and courts because Poland’s constitution refers to marriage as being between a man and a woman.

The CJEU deemed that this infringed the freedom to move and reside within the EU as well as the right to respect for private and family life. It ordered Poland to change its system for recognising marriages conducted in other member states so that it does not discriminate against same-sex couples.

The Polish government said that it will comply with the ruling, but needs time to work on implementation. However, Prime Minister Donald Tusk also declared that “the EU cannot impose anything on us on this issue”.

 

One hurdle that would have to be overcome to implement the ruling would be changing the civil registry, which currently only allows marriage between a man and a woman to be entered into the system.

On Friday, the digital affairs ministry, which is responsible for maintaining the system, published a draft resolution that would amend the templates for the registry to refer to “first spouse” and “second spouse” instead of “woman” and “man”.

“Poland has an obligation to recognise same-sex marriages legally concluded in other EU countries. This is a right that we must and want to apply,” said the head of the ministry, Krzysztof Gawkowski.

“The regulation will enable the transcription of foreign marriage certificates of same-sex couples concluded in other EU countries,” he added, thereby respecting “the right of citizens to equal treatment, regardless of sexual orientation” and ensuring the “dignity” and “stability of families that already exist”.

The proposed new look of the form for transcribing foreign marriages, saying “first spouse” (małżonek pierwszy) and “second spouse” (małżonek drugi).

Approval of the draft regulation begins a process of consultation, both publicly and between government ministries. Because it is a regulation, rather than a bill, it would not require approval by parliament nor face a potential veto from opposition-aligned president Karol Nawrocki.

However, more conservative elements within the ruling coalition, which stretches from left to centre right, may be less enthusiastic than Gawkowski, who hails from The Left (Lewica), about recognising same-sex marriages.

News and analysis service OKO.press reports that the interior ministry, which is led by a minister from Tusk’s centrist Civic Coalition (KO), believes that a regulation is not legally sufficient to implement the CJEU ruling.

Instead, a legislative change to the law may be necessary. While it may be possible to push that through parliament, where the ruling coalition has a majority, any such bill would inevitably be vetoed by Nawrocki, a conservative who has made clear his opposition to recognition for same-sex marriages.

Nawrocki’s position is also held by the right-wing opposition, which immediately criticised Gawkowski’s plans after they were announced on Friday.

“This is a decision that contradicts the constitution and an attempt to introduce the effects of homosexual ‘marriages’ through the back door,” wrote Krzysztof Bosak, one of the leaders of the far-right Confederation (Konfederacja).

Michał Wójcik, an MP for the national-conservative Law and Justice (PiS) party and former deputy justice minister, warned that Gawkowski’s plans are “illegal” as they violate the constitution.


Notes from Poland is run by a small editorial team and published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

 

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