Polish Court Finds Regulation Allowing Foreign Same-Sex Marriage Registration Unconstitutional
The court said the change exceeded ministerial powers and conflicted with the constitution, even though 184 same-sex couples had already had certificates transcribed.
- On Tuesday, Poland's Constitutional Tribunal unanimously ruled that foreign same-sex marriage certificates cannot be transcribed into the country's civil registry, declaring the process inconsistent with the constitution.
- The national-conservative opposition PiS party challenged the regulation, arguing that recordation of same-sex unions exceeded administrative powers; the court agreed, citing Article 18's definition of marriage as a union between a man and a woman.
- Digital affairs minister Krzysztof Gawkowski rejected the decision, stating the government considers the tribunal improperly constituted and will not comply. "The transcription of foreign same-sex marriage certificates is and will remain legal," he said.
- Despite the tribunal's opposition, 184 same-sex couples have already successfully transcribed their foreign marriage certificates in Poland, with the government maintaining these documents remain valid.
- The European Court had previously mandated that member states respect freedom of movement for same-sex couples, and this ruling deepens Poland's conflict with European courts, leaving the legal status of these families uncertain.
24 Articles
24 Articles
Polish court finds regulation allowing foreign same-sex marriage registration unconstitutional
Keep our news free from ads and paywalls by making a donation to support our work! 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. Poland’s Constitutional Tribunal (TK) has ruled that a new regulation allowing the registration of foreign same-sex marriage certificates in Poland was partly u…
The Constitutional Court of Poland annulled, on Tuesday, the law which would have allowed the legal recognition of same-sex marriages concluded in other Member States of the European Union, in the case of couples who subsequently moved to Poland.
In Poland, the Constitutional Court has now stopped the recognition of same-sex marriages, which are about marriages that have been concluded in other EU states. The Constitutional Court has been called upon by representatives of the right-wing conservative opposition party PiS. The majority of them are occupied by judges who are close to the party and who have now also judged as desired by it. They have decided that the regulation of Poland's I…
Poland: Top court rejects recognizing EU same-sex marriages
Poland's constitutional court has overturned plans to recognize same-sex marriages that took place in other EU member states. This defies an order from the EU's top court and could set up a clash on the matter.
The Polish Constitutional Court ruled on Tuesday against the recognition of same-sex marriages concluded in the European Union, which had been transposed into national law following a CJEU decision.
Poland's Constitutional Court is opposed to the recognition of same-sex marriages concluded abroad – despite ECJ requirements and a ruling by the Supreme Administrative Court. Slovakia is also heading towards a conflict with the EU.
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