A court in Lublin, Poland, has mandated the registration of a marriage between two women legally performed in Portugal in July 2023.
Ruling in Lublin Case
The Administrative Court in Lublin ruled on a complaint filed by two women who were initially denied the transcription of their marriage certificate – the process of transferring a foreign civil status document to the Polish registry.
The court ordered the head of the Lublin Civil Registry Office to register the marriage within 30 days of receiving the administrative files, following the finalization of the ruling.
Breakthrough for Same-Sex Couples
The organization Miłość nie wyklucza (Love Does Not Exclude) hailed the decision as a breakthrough, noting that Jola and Alicja, the plaintiffs, specifically traveled to Portugal to marry, distinguishing their case from others previously brought before Polish courts.
Previous Denials and Appeals
The head of the Lublin Civil Registry Office refused to register the marriage in October 2023. This decision was upheld by the Lublin Voivode (regional governor) on December 6, 2023, prompting the women to file an appeal with the administrative court.
Influence of EU Court Ruling
The Lublin court based its decision on rulings from the Court of Justice of the European Union (CJEU) and the Supreme Administrative Court (NSA).
Last autumn, the CJEU responded to a preliminary question from the NSA regarding the case of two men who married in Germany. Their request for transcription was initially denied by the Warsaw Civil Registry Office and subsequently by the Mazowieckie Voivode.
CJEU Mandate on Recognition of Same-Sex Marriage
The CJEU ruled that member states are obligated to recognize same-sex marriages legally performed in other EU countries, even if their own national laws do not recognize such unions. Based on this ruling, the NSA on March 20, 2026, ordered the head of the Warsaw Civil Registry Office to transcribe the German marriage certificate into the civil registry.