Poland’s top court overturns plan to recognise EU same-sex marriages
Participants blow soap bubbles as they celebrate at the Warsaw Pride parade in 2026 (Getty Images)
Poland’s top court has rejected plans to recognise same-sex marriages that were carried out in other EU member states despite assurance from the Prime Minister earlier this year in a huge blow to the country’s LGBTQ+ community.
In overturning the plans, Poland’s Constitutional Tribunal Court has defied an order from the Court of Justice of the European Union. The denial could lead to tension between the Polish court and the EU.
In a statement shared on 28 July, the Constitutional Tribunal Court said that the ruling was unanimous and final and that EU same-sex marriages could not be copied into Poland’s civil registry.
It continued by sharing that plans for the “preparation and issuance of certified copies concerning unions contracted abroad that do not constitute a union between a woman and a man” were “inconsistent with Article 92, Paragraph 1, in conjunction with Article 18 of the Constitution of the Republic of Poland”.
The quoted article reads: “Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.”
The court did not elaborate further on the decision.
Assurance from Poland’s Prime Minister
The news comes just two months after Poland’s Prime Minister, Donald Tusk, assured that the country would begin recognising same-sex marriages performed in other European Union countries in May.
The November 2025 ruling from the European Court of Justice and the March ruling from the NSA stem from a case involving a married same-sex Polish couple whose 2018 German marriage certificate was previously denied entry into Poland’s civil registry.
Speaking in May, Tusk apologised for what he described as the “years of rejection and humiliation” faced by same-sex couples in Poland, as per Notes from Poland.
“[This is] a matter of human dignity: the right to happiness, the right to equal treatment by the state,” he said. “I would like to apologise to all those who, for many, many years, felt rejected and humiliated. For many years, the state has failed the test.”
Tusk added that his government would prioritise compliance with the court rulings, while stressing that any legal changes would be implemented within the framework of existing Polish law.
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