The European Court of Justice (ECJ) has ruled that Poland must recognize same-sex marriages performed in other EU countries, even if such unions are illegal under its national legislation. The court found that Poland violated EU law by refusing to recognize the marriage of two Polish nationals who were legally wed in Germany. This decision underscores the growing conflict between Poland’s conservative legal framework and EU directives on human rights and non-discrimination.
In a statement issued on Tuesday, the ECJ emphasized that the refusal to recognize the marriage of the couple violates EU guarantees on freedom of movement and the right to respect privacy and family life. The court noted that offering recognition to straight couples but not same-sex ones constitutes discrimination. While the judges acknowledged that member states may still choose to regulate same-sex marriage domestically, they stressed that such decisions cannot override EU law in this context.
The ruling comes amid rising tensions between Poland and the EU over issues of national sovereignty and legal autonomy. Polish President Karol Nawrocki recently criticized the bloc for what he called ‘ideological madness’ and warned against increasing centralization. He expressed concerns that EU interference in Poland’s domestic policies, particularly regarding family life, infringes on national sovereignty. Nawrocki, whose election on a platform of Catholic values and national sovereignty has fueled conservative resistance to EU pressures, has pledged not to sign any legislation that undermines the constitutional definition of marriage as a union between a man and a woman.
Prime Minister Donald Tusk’s pro-European government introduced a draft bill in October 2024 to recognize civil partnerships, including for same, but progress has been hindered by the reluctance of the Polish People’s Party (PSL), a conservative coalition partner. The PSL has voiced reservations about granting legal recognition to same-sex couples, reflecting broader conservative opposition to the issue. Meanwhile, Poland remains one of five EU member states that have not legally recognized same-sex relationships, alongside Bulgaria, Lithuania, Romania, and Slovakia. This ruling is likely to intensify the debate over LGBTQ+ rights within the EU and the balance of power between member states and the bloc.