The Constitutional Tribunal unanimously ruled that the transcription of same-sex marriage certificates issued abroad is unconstitutional, following a challenge brought by a group of PiS MPs. <\/p>\n
The transcription of marriage certificates for same-sex couples is unconstitutional, according to a ruling issued on Tuesday by the Constitutional Tribunal. The verdict was delivered unanimously by a three-judge panel chaired by Tribunal President Bogdan \u015awi\u0119czkowski.<\/p>\n
Judge Stanis\u0142aw Piotrowicz stated that the regulation issued by the Minister of Digital Affairs is unconstitutional to the extent that it introduces document templates concerning same-sex marriages concluded abroad. The ruling panel consisted of President Bogdan \u015awi\u0119czkowski, reporting judge Stanis\u0142aw Piotrowicz, and judge Wojciech Sych.<\/p>\n
The case was referred to the Constitutional Tribunal after a group of Law and Justice (PiS) MPs, led by MP Marcin Warcho\u0142, took an interest in the regulation. It was this group of politicians that challenged the regulation regarding the transcription of same-sex marriage acts before the Tribunal.<\/p>\n
A breakthrough decision has already been made, as Poland must adapt to the ruling of the European Court of Justice. The ruling of the Court of Justice of the European Union came as a shock to Polish defenders of traditional marriage.<\/p>\n
In November 2025, the ECJ issued an unequivocal decision stating that Poland, as an EU member state, must respect same-sex marriages legally concluded outside the country in another member state. It was emphasized that even if national legislation does not provide for such unions, legally concluded foreign marriages remain valid.<\/p>\n
The ECJ ruling was the consequence of a preliminary question referred to it in 2023 by the Supreme Administrative Court regarding the interpretation of provisions concerning the transcription of same-sex marriage certificates concluded outside Poland.<\/p>\n
The ECJ verdict was groundbreaking, enabling the Supreme Administrative Court in March 2026 to rule on the entry into the Polish civil status register of a marriage certificate for two Polish citizens who legalized their union in Berlin in 2018. The SAC instructed the civil registry office to carry out the transcription.<\/p>\n
The matter proved somewhat complicated for Polish politicians, as civil registry offices were not prepared to transcribe same-sex marriage certificates. Consequently, on May 13 of this year, Minister of Digital Affairs Krzysztof Gawkowski announced that he had signed a draft regulation amending the marriage certificate templates, which was also signed by Minister of Interior and Administration Marcin Kierwi\u0144ski.<\/p>\n
The regulation was published in the Journal of Laws on May 22, 2026, and was scheduled to take effect three months after its publication. This measure was intended to facilitate the transcription of same-sex marriage certificates.<\/p>\n
Under the regulation, three templates for marriage certificates apply depending on who concluded the marriage: the traditional template for a marriage between a man and a woman, a second template for two men, and a third template for two women. Appropriate terms replaced the previously applicable fields labeled \u201cdata of the man\u201d and \u201cdata of the woman.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
The Constitutional Tribunal unanimously ruled that the transcription of same-sex marriage certificates issued abroad is unconstitutional, following a challenge brought by a group of PiS MPs. Constitutional Tribunal Issues Unanimous Ruling The transcription of marriage certificates for same-sex couples is unconstitutional, according to a ruling issued on Tuesday by the Constitutional Tribunal. The verdict was […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-17002","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/17002","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=17002"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/17002\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=17002"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=17002"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=17002"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}