Poland’s Supreme Administrative Court ruled on same-sex marriages, prompting an immediate response from the Social Insurance Institution (ZUS).
NSA Ruling on Same-Sex Marriages, ZUS Response
The ZUS announced it is obligated to recognize marriage certificates issued by Polish civil registry offices, including those pertaining to same-sex marriages performed abroad, following a March ruling by the Supreme Administrative Court.
Case Background: Polish Couple’s Berlin Marriage
The NSA ruling on March 20th concerned a Polish couple legally married in Berlin in 2018. Upon relocating to Poland, they sought to have their marriage registered in the Polish civil registry, but were initially denied due to Polish law prohibiting same-sex marriage.
NSA Overturns Lower Court Decision
The Supreme Administrative Court overturned the decision of a Warsaw administrative court and the prior refusal to register the same-sex marriage of Polish citizens performed abroad. It also mandated the head of the Warsaw civil registry office to transfer the marriage record to the Polish registry.
ZUS Implications: Equal Treatment for Same-Sex Spouses
The ZUS stated that once documentation is received from the civil registry office, the couple, J.C. and M.T., will be treated equally to other married couples in Poland, as confirmed by the relevant civil registry office.
EU Court Precedent and NSA Referral
In 2023, the NSA referred a preliminary question to the Court of Justice of the European Union (CJEU). In November 2025, the CJEU ruled that member states are obligated to recognize same-sex marriages legally performed in another EU country, even if their own laws do not recognize such unions. The case then returned to the NSA.
Political Fallout and Constitutional Challenge
The NSA ruling sparked debate. Government Plenipotentiary for Equality, Katarzyna Kotula, stated the ruling, combined with the CJEU’s position, guides the state’s approach to recognizing foreign same-sex marriages, but does not necessitate changes to constitutional provisions or national law.
PiS MP Marcin Warchoł announced that he and a group of PiS MPs have filed a motion with the Constitutional Tribunal to challenge the constitutionality of the provisions allowing the NSA to compel the civil registry office to register a foreign same-sex marriage.
Technical and Legal Obstacles to Implementation
City officials clarified that the NSA ruling does not allow for the automatic transcription of foreign same-sex marriage certificates. They indicated that legal changes and technical updates to the civil registry are necessary.
Warsaw city spokeswoman Monika Beuth stated that the current State Registers System lacks the functionality to register same-sex marriages and that necessary system solutions must be implemented at the central level.
Alina Szeptycka, Wrocław’s plenipotentiary for equal treatment, also announced the lack of technical capacity to transcribe foreign same-sex marriage certificates, requiring a regulation from the Minister of Interior and Administration.
