Polish government to recognize same-sex marriages from EU countries

The Polish government on Tuesday said it will recognize same-sex marriages legally performed in other European Union states.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

Prime Minister Donald Tusk on Tuesday apologized to same-sex couples for the “years of rejection and humiliation” they suffered because Poland did not recognize their relationships.

“I hope that after the ruling of the (European Union) court and the Supreme Administrative Court, we will also find swift and necessary legislative solutions in parliament,” said Tusk, according to TVP, Poland’s public broadcaster.

Warsaw Mayor Rafał Trzaskowski, a member of Tusk’s centrist Civic Coalition party, who supports LGBTQ+ rights, said his city will begin to recognize same-sex marriages legally performed in other EU countries before the national government does. Tusk, for his part, said this recognition is “no way a path to the possibility of adoption.”

Any marriage recognition bill that MPs pass will go to President Karol Nawrocki, who is a socially conservative Catholic, for his signature.

“We welcome these decisions and announcements with hope,” said the Campaign Against Homophobia, a Polish LGBTQ+ advocacy group. “The true confirmation of these words, however, will be the signing of the aforementioned regulation and the actual certificates held in the hands of those Polish couples who were forced to fight for their dignity and justice before Polish courts.”

Karolina Gierdal, a lawyer with Lambda Warszawa, another Polish LGBTQ+ rights organization, criticized Tusk’s adoption comments.

“It is sad that the LGBT community is once again presented as a threat, as if society needs reassurance that adoption rights ‘won’t happen.’” she told TVP. “The reality is that children are already being raised in same-sex families in Poland, and maintaining the current legal situation means reducing the level of legal protection available to those children.”