A Polish court mandated the civil registration of a German same-sex marriage, putting pressure on the government to address EU law compliance.
Breakthrough Ruling and Government Deliberation
Krzysztof and Jakub, residing in Berlin, married in Frankfurt (Oder) nearly four years ago and sought recognition of their marriage in Poland. A court has now ordered the Polish Civil Registry Office in Słubice to transcribe their German marriage certificate.
Legal counsel Oskar Hładki, representing Krzysztof, stated the court cited a March 20th ruling by the Supreme Administrative Court. The Słubice office is obligated to transcribe the certificate within 30 days of the ruling becoming final and receiving the necessary documentation, and the plaintiff is entitled to cost reimbursement.
EU Court Ruling and Initial Obstacles
In November, the Court of Justice of the European Union (CJEU) ruled that Poland is obligated to transcribe marriage certificates of same-sex couples married within the EU, or risk violating EU law. This stemmed from a case initiated by Jakub Cupriak-Trojan and Mateusz Trojan, who were denied transcription in Warsaw in 2018.
The Warsaw Civil Registry Office initially refused transcription, stating Poland does not recognize same-sex marriage. Subsequent appeals to the Mazovian Voivode were also unsuccessful, citing discrepancies between the German and Polish marriage certificate formats, specifically the inclusion of two men.
Systemic Issues and Government Response
Despite the binding nature of the CJEU and NSA rulings, same-sex couples continue to face obstacles. Jakub and Dawid Mycek-Kwieciński, married in Madeira in 2017, were recently informed by an office that the system lacks a provision for registering two spouses of the same sex.
The Association of Civil Registry Officials has requested government assistance, as the current system does not allow for the registration of same-sex marriages. Changes require action from the Ministry of Interior and Administration, led by Marcin Kierwiński, and the Ministry of Digital Affairs, headed by Krzysztof Gawkowski.
Proposed Solutions and Delays
The Ministry of Digital Affairs proposed designating “spouse one” and “spouse two” in the registry, but this solution has been stalled by Minister Kierwiński. Reports indicate ongoing closed-door discussions on how to issue a Polish marriage certificate to Jakub and Mateusz without enacting broader regulations that could open the door to other couples.