A new regulation allowing Polish registry offices to recognize same-sex unions performed in other European Union countries has come into force, despite continued opposition from conservatives who argue that the measure conflicts with Poland’s constitution.
The regulation was introduced following a ruling by the Court of Justice of the European Union (CJEU) requiring Poland to recognize same-sex unions legally performed elsewhere in the EU. Poland itself still does not permit same-sex marriage or any other form of legally recognized same-sex union.
The government changed Poland’s civil registry system, which previously only accommodated marriages between a man and a woman, so that foreign same-sex unions certificates can now be entered.
Deputy Prime Minister Krzysztof Gawkowski welcomed the change, while equality minister Katarzyna Kotula warned that local authorities refusing to register such unions would be breaking the law.
Resistance has already emerged. Zakopane Mayor Łukasz Filipowski said his administration would refuse to recognize foreign same-sex marriages, arguing that doing so would violate Article 18 of Poland’s constitution, which describes marriage as a union between a man and a woman.
Filipowski also cited a July ruling by Poland’s Constitutional Tribunal finding the government regulation incompatible with the constitutional definition of marriage. The government, however, disputes the legitimacy of the tribunal in its current composition and says it will not recognize that ruling.
The change creates a contradictory legal situation: Poland must now register certain same-sex unions performed abroad while continuing to prohibit such unions domestically.
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