Polish Court Backs Same-Sex Marriage Registration

Poland's Supreme Administrative Court has ruled that transcribing foreign same-sex marriage certificates into Polish civil registers does not violate fundamental principles of the Polish legal order. The ruling concerns three cases in which registry offices had refused to transcribe such certificates.

The offices cited the Act on Civil Registry Records, under which transcription may be refused if it conflicts with fundamental principles of the Polish legal order. The court held, however, that this provision cannot be interpreted by reference to the Polish Constitution alone, which defines marriage as the union of a man and a woman.

The court also stressed Poland's obligations under international law, including the European Convention on Human Rights, and recalled rulings by the European Court of Human Rights establishing that refusal to transcribe such marriages violates the right to respect for family and private life.

The ruling further clarifies that transcribing a foreign marriage certificate does not amount to introducing same-sex marriage into the Polish legal system. The court described it as recognising the legal effects of a marriage contracted under foreign law for the purpose of protecting private and family life. The decision also draws on a constitutional provision under which ratified international treaties take precedence over domestic legislation.

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