Polish Supreme Administrative Court Orders Registration of EU Same-Sex Marriages
On March 20, 2026, the Supreme Administrative Court ruled that Polish registry offices must register marriage certificates of same-sex couples married in other EU countries, implementing the CJEU judgment from November 2025.
Landmark Ruling by Supreme Administrative Court
In a precedent-setting ruling on Friday, March 20, 2026, the Supreme Administrative Court (NSA) ordered the Warsaw registry office to transcribe a foreign marriage certificate of a same-sex couple. Judge Leszek Kirnaszek emphasized that "citizens have the right to expect legal effectiveness" with regard to their marital status. The office has 30 days to enter the marriage into the Polish registry.
The case concerned two men—a Polish citizen and a person with dual Polish-German citizenship—who married in Berlin in 2018. Since 2019, they have unsuccessfully sought transcription of the certificate in Poland, repeatedly facing rejection from administrative bodies.
CJEU Judgment as Foundation
The NSA's ruling directly implements the judgment of the Court of Justice of the European Union of November 25, 2025, in the case Cupriak-Trojan and Trojan v. Governor of Mazovia (C-713/23). The CJEU stated that refusing to register same-sex marriages concluded in another member state violates Article 21 of the Treaty on the Functioning of the EU, which guarantees freedom of movement and the right to a normal family life.
The Court ruled unequivocally: member states must treat foreign marriage certificates of same-sex couples in the same way as marriage certificates of heterosexual couples—regardless of national legislation regarding the definition of marriage.
What the Ruling Means in Practice
The ruling does not introduce full marriage equality in Poland—same-sex couples still cannot marry within the country. However, it will unlock a number of rights for couples who have married abroad:
- the right of residence and work for the spouse,
- access to social security,
- tax and inheritance rights,
- protection under labor law.
According to estimates by non-governmental organizations, the ruling may affect 30–40 thousand marriages concluded by Polish citizens abroad. Marie-Hélène Ludwig of ILGA-Europe described the ruling as a "victory for many same-sex couples in Poland who have been denied recognition of their marriages for years."
Political Storm
The ruling immediately triggered sharp political reactions. The government's Plenipotentiary for Equality, Katarzyna Kotula, emphasized that no legislative changes are needed for the registration of foreign certificates—it is enough for offices to apply EU law.
In contrast, the vice-chairman of PiS (Law and Justice), Mariusz Błaszczak, called the ruling a "real threat" and an "attack on the family," announcing the filing of a motion to the Constitutional Tribunal. MP Przemysław Czarnek argued that "you cannot register something that does not exist," citing Article 18 of the Constitution of the Republic of Poland, which defines marriage as a union between a woman and a man.
However, the NSA addressed this argument, stating that the constitutional provision regarding marriage does not constitute an absolute obstacle to the recognition of a same-sex marriage concluded in another EU country. The dispute over the interpretation of the constitution will certainly shape Polish public debate in the coming months.
