Polish Leaders Criticize EU Court Ruling on Same-Sex Marriage Recognition

EU Court Mandates Recognition of Foreign Same-Sex Marriages

The European Union's top court, the Court of Justice of the European Union (CJEU), issued a landmark ruling on November 25, 2025, requiring Poland to recognize same-sex marriages lawfully performed in other EU member states. This decision has ignited significant criticism from conservative factions and various Polish leaders, who view it as an overreach into national sovereignty.

The ruling stems from a case involving two Polish nationals who married in Germany in 2018. Upon their return to Poland, their request to have their union registered in the civil records was denied by Polish authorities, who cited the country's domestic law which does not recognize same-sex couples. The CJEU found that refusing such recognition infringes upon the fundamental rights of EU citizens, specifically their freedom of movement and residence, and their right to respect for private and family life. The court also highlighted that discriminating against same-sex couples in the transcription of marriage certificates is unlawful.

Polish Leaders Decry 'Overreach' and Constitutional Concerns

The CJEU's decision has been met with strong condemnation from various Polish political figures and conservative groups. Critics argue that the ruling constitutes a significant overreach into matters of national competence, asserting that family law remains exclusively within the purview of individual member states under EU treaties.

A central point of contention is Article 18 of the Polish Constitution, which explicitly defines marriage as a union between a man and a woman. Marcin Romanowski, a Member of Parliament from the Law and Justice party, described the ruling as 'a blatant violation of the principle of conferred competences and a perverse, but all the more scandalous, interference in the sovereign competences of member states in the area of family law and civil status acts.' Similarly, Olivier Bault, communications director for the conservative think tank Ordo Iuris, labeled it 'yet another overreach by the Court of Justice of the European Union.' Former presidential candidate Krzysztof Bosak also publicly reaffirmed the traditional definition of family in Polish society.

President Karol Nawrocki has been particularly vocal, stating he would veto 'any bill that would undermine the constitutionally protected status of marriage' and has reacted strongly against the ruling, declaring he would not bow 'to the terror of rainbow rulings' that 'completely destroy the family.'

Government Response and Ongoing Debate

Despite the strong opposition, the CJEU clarified that its ruling does not compel Poland to introduce same-sex marriage into its domestic legal framework. Instead, it mandates the recognition of such unions for the purpose of exercising rights granted under EU law, such as free movement.

The current government, led by Prime Minister Donald Tusk, has indicated it will 'respect' the court's judgment. However, Tusk also emphasized that 'the EU cannot impose anything on us on this issue' and that national law should prevail where applicable. Justice Minister Waldemar Żurek has stated that the government 'will have to implement this ruling in one way or another,' suggesting that the Polish constitution might not explicitly preclude the recognition of same-sex marriages concluded abroad.

The government has been working on a bill to regulate civil partnerships, including for same-sex couples, but this initiative faces considerable resistance from conservative coalition partners and the potential for a presidential veto. The ruling builds upon a 2018 CJEU case (Coman case), which established the right of same-sex couples of EU citizens to reside in any EU country. The recent decision is expected to intensify the legal and political debate surrounding LGBTQ+ rights and the balance of power between national and EU law in Poland.