Poland's Supreme Administrative Court Orders Recognition of Same-Sex Marriages Contracted in Other EU States

On March 20, Poland’s Supreme Administrative Court (Naczelny Sąd Administracyjny) ruled that the country must recognise same-sex marriages legally contracted in other European Union member states. The court ordered the Warsaw civil registry office to transcribe the marriage certificate of two men who married in Berlin in 2018.

The case involved a Polish couple: one holds Polish citizenship, the other holds dual Polish and German citizenship. After their wedding in Germany, they attempted to register the marriage in Poland but were refused. In 2019, the couple filed a lawsuit in the Polish courts, and the Supreme Administrative Court referred the case to the Court of Justice of the European Union in Luxembourg.

In November 2025, the Court of Justice of the European Union ruled in the couple’s favour , finding that Poland’s refusal violated the right to freedom of movement and the prohibition of discrimination based on sex and sexual orientation. The court noted that Directive 2004/38/EC guarantees a spouse the right to accompany an EU citizen regardless of sex.

The Supreme Administrative Court concluded that Article 18 of the Polish Constitution, which defines marriage as a union of a man and a woman, does not constitute an absolute barrier to recognising same-sex marriages contracted in other EU states. In the court’s view, transcribing such a certificate does not threaten Poland’s national identity or violate the fundamental principles of its legal order.

“Today’s ruling by the Supreme Administrative Court clearly demonstrates that Poland, as a member of the European Union, must comply with EU law,” said Przemek Walas, advocacy manager at the Campaign Against Homophobia (Kampania Przeciw Homofobii). “The Supreme Administrative Court rightly upheld the Luxembourg court’s interpretation and indicated that the only way to implement this ruling is to allow the transcription of a foreign marriage certificate.”

“This ruling is a significant step towards marriage equality, but certainly not a sufficient one,” Walas added.

Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia are the 16 EU countries that have granted same-sex couples full marriage rights. Poland, along with Romania, Bulgaria, and Slovakia, remains among the EU states where same-sex couples are not recognised by law.