Poland’s Supreme Administrative Court issued a ruling requiring recognition of same-sex marriages validly performed in other EU countries, prompting calls for swift implementation.
Left Coalition Awaits Minister’s Signature
Polish justice must recognize civil status established in other EU countries where a marriage was concluded, stated New Left MP Anna-Maria Żukowska in the Sejm. Prime Minister Gawkowski previously prepared a draft regulation requiring joint action from the Ministry of Digital Affairs and the Ministry of Interior and Administration to reflect this civil status in Polish civil registry offices.
Senate Vice-Marshal Magdalena Biejat stated that they are now awaiting the signature of Minister Kierwiński on the regulation prepared by the Ministry of Digital Affairs.
Ruling Doesn’t Introduce Same-Sex Marriage in Poland
The Left emphasized the ruling does not introduce same-sex marriage in Poland. Instead, it concerns recognizing the existing civil status of individuals who legally married in another EU country. The party argued against a situation where someone is a spouse abroad but treated as single upon returning to Poland, potentially leading to legal absurdity and the possibility of a subsequent marriage with a person of the opposite sex.
“A Groundbreaking Ruling”
The Left described the ruling as groundbreaking, noting it doesn’t resolve all issues but clarifies the situation for those married abroad seeking respect for their rights upon returning to Poland.
Step Towards Greater Equality
Katarzyna Kotula assessed the NSA ruling as a step towards greater equality, but clarified it does not introduce same-sex marriage into Polish law. The government’s plenipotentiary for equality emphasized the focus is on recognizing the civil status of individuals legally married abroad, adding the government is preparing actions to implement the ruling.
Article 18 of the Constitution
The Left dismissed arguments referencing the Constitution, asserting that transcribing birth certificates of same-sex couples does not contradict Article 18. Biejat emphasized the ruling came from a Polish court and should be taken seriously, stating the NSA clearly indicated the ruling doesn’t conflict with the constitutional provision protecting marriage between a man and a woman as the only form of marital union.
30 Days to Implement Changes
The Left stated Poland has 30 days to implement the ruling, arguing it is already in effect and the state should adapt its practices accordingly. This was a response to questions about the opposition’s actions, as Law and Justice announced it would submit a request to the Constitutional Tribunal regarding the interpretation of the Constitution’s marriage provision by the NSA.