Polish Court Cites EU Law in Same-Sex Marriage Case

The Provincial Administrative Court in Lublin overturned decisions by the local registry office and the Lublin Voivode refusing to register in Poland the marriage of two women who married in Portugal in July 2023. The registry office must complete the registration within 30 days of the ruling becoming final.

The court rejected the argument that recognizing a marriage legally contracted abroad would seriously undermine the fundamental principles of the Polish legal system. According to Judge Iwona Tchorzewska, the registration itself does not violate the Polish Constitution or alter the legal status of marriage under Polish law.

In reaching its decision, the court relied on earlier rulings by the Court of Justice of the European Union (CJEU) and Poland's Supreme Administrative Court. According to that case law, EU member states must recognize, for registration purposes, same-sex marriages legally contracted in another member state, even if domestic law does not recognize such unions.

However, the Lublin registry office says the registration cannot yet be completed because the national civil registry system lacks the necessary technical capabilities. The Interior Ministry also says full implementation of the rulings will require amendments to several laws, not just changes to administrative forms.

The ruling is not yet final. The Office of the Lublin Voivode will decide whether to appeal after receiving the court's written reasoning.

(samorzad, bak)