Poland’s Supreme Administrative Court mandated the transcription of a same-sex marriage certificate, prompting calls from the Left party for full implementation.
NSA Mandates Marriage Certificate Transcription, Left Calls for Implementation
The Supreme Administrative Court (NSA) has ordered the Warsaw Civil Registry Office to transcribe the marriage certificate of two men into the Polish registry. The Left party has stated the ruling must be fully implemented.
Court Overturns Previous Ruling, Cites EU Law
On March 20th, the NSA overturned a previous ruling by a Warsaw administrative court and an earlier decision by the Warsaw Civil Registry Office refusing to register the marriage of two Polish citizens of the same sex, which was performed abroad. The NSA has ordered the Civil Registry Office to transfer the marriage certificate to the registry within 30 days.
In 2023, the NSA referred a preliminary question to the Court of Justice of the European Union (CJEU). Two years later, 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 returned to the NSA following the CJEU’s response.
Left Party Position: Full Implementation of Rulings
Sejm Marshal Włodzimierz Czarzasty (Left) emphasized his party’s clear position on the NSA ruling, stating it should be fully executed. He noted the decision had not yet reached Warsaw Mayor Rafał Trzaskowski.
Government Offers Support for Implementation
Deputy Prime Minister and Minister of Digital Affairs Krzysztof Gawkowski (Left) sent a letter to Mayor Trzaskowski on April 3rd, offering his expertise on implementing the NSA ruling once the decision is received. Czarzasty stated the Left party is closely monitoring the situation.
Call for Nationwide Implementation
Czarzasty, chairman of the New Left, emphasized the left-wing’s firm stance, stating both the European and Polish court decisions must be put into effect. He also mentioned contact with mayors from the Left party, indicating they would implement the decision once a legal framework is established.
Warsaw Mayor to Comply, Acknowledges Technical Challenges
Warsaw Mayor Rafał Trzaskowski stated on Tuesday that the city will comply with the NSA ruling, emphasizing there is no discussion on the matter. He noted the ruling applies to a single case and a method for its implementation has not yet been established, stating his team is working on a technical solution.
MSWiA Confirms Compliance, Highlights Need for Legislative Changes
The Ministry of Interior and Administration (MSWiA) confirmed that the NSA ruling of March 20th, requiring the transcription of the marriage certificate, is being strictly adhered to in this individual case. The ministry stated work is underway on solutions to implement the CJEU ruling in all similar cases, denying claims of attempts to limit the effects of the rulings.
The MSWiA emphasized that full implementation of the CJEU guidelines and the introduction of a transcription procedure require legislative changes.
Ministries Working on Regulatory Changes
Representatives from the Ministry of Digital Affairs and the Ministry of Interior and Administration informed PAP in early April that they are working on solutions to implement the NSA ruling regarding the transfer of same-sex marriage certificates performed abroad to the Polish civil registry. This involves amending regulations concerning the format of civil registry documents, replacing “woman” and “man” with “first spouse” and “second spouse.”
Case Background: Marriage Performed in Berlin
The March ruling concerned the marriage of two Polish citizens legally married in Berlin in 2018. The couple moved to Poland and applied to have their marriage recognized in the Polish civil registry, but their request was denied due to Polish law not recognizing same-sex marriage.