Poland will implement European Court of Justice ruling by introducing gender-neutral terms in civil status documents, minister confirms.
Parliamentary Inquiry
On Thursday, Anna Maria Żukowska, head of the Lewica club in the Sejm, questioned the Minister of Digital Affairs about preparations for a regulation to change document templates to implement the TSUE ruling regarding the recognition of same-sex marriages legally performed in other EU countries.
Żukowska stated that Poland is a leading 21st-century economy but not all human rights are recognized in the country.
Government Obligation
The Minister of Digital Affairs confirmed that Poland has an obligation to recognize such marriages, emphasizing this is not an opinion or recommendation but binding law.
The minister explained that the TSUE ruling does not change the definition of marriage in Poland’s Family and Guardianship Code nor introduce same-sex marriage into Polish law.
Implementation Process
The minister stressed that Poland cannot legally deny the existence of same-sex marriages legally performed in other EU countries.
To implement this change in the Polish system, constitutional changes and new legislation are not required; a regulation is sufficient.
Document Changes
The proposed regulation will change categories from “man” and “woman” to “spouses” and “persons.” The minister stated this is not ideology but adapting administrative language to existing law.
The Minister of Digital Affairs does not register marriages; this is done by civil office directors, whose role is to provide them with the necessary tools.
Timeline and Details
The implementation of the regulation is planned for eight months. The minister emphasized that a citizen’s dignity should not depend on a checkbox in a system: “Abroad you are married, then in Poland you are married.”
The Citizen’s Rights Ombudsman has asked the Minister of Internal Affairs and Administration about legislative, organizational, or technical actions to implement the TSUE ruling regarding same-sex marriages.
The project of the regulation introduces gender-neutral terms like “first spouse” and “second spouse,” updates sections regarding parental data, and adjusts provisions regarding spouses’ names in records and certificates to ensure compliance with the Civil Status Act and EU standards.