Włodzimierz Czarzasty of the Polish Left declared that local governments they lead will respect same-sex marriage rulings from abroad, prompting a response from the national government.
Left’s Pledge Follows Court Rulings
Włodzimierz Czarzasty stated on Thursday that municipalities governed by the Left will respect court rulings regarding same-sex marriages concluded outside of Poland. He emphasized that “in all cities governed by the Left, we will enforce the rulings of European and Polish courts in cases of same-sex marriages concluded abroad. Every family must be protected by the state.”
This is a political response to a dispute that escalated following a March ruling by the Supreme Administrative Court (NSA) and a prior decision by the Court of Justice of the European Union (CJEU).
The Case of a Berlin Marriage
The dispute centers on the case of two Polish citizens who married in Berlin and sought to register their foreign marriage certificate with the Polish civil registry. The NSA ordered the office to transcribe the document after the CJEU ruled that a member state is obligated to recognize a marriage legally concluded in another EU country.
Pressure from the Left, Appeal from Kotula
Katarzyna Kotula also stated that the rulings of the CJEU, NSA, and administrative courts should be implemented, and foreign same-sex marriage certificates should be transcribed. She appealed to the government for a “political decision” on the matter.
Government Debate on Scope of Rulings
Czarzasty’s declaration came after reports of a dispute within the government regarding how broadly to apply the effects of the recent rulings. Sources indicate an interpretation emerged suggesting the NSA ruling would apply only to the specific couple involved. The Left seeks broader enforcement, at least where it influences local governments.
MSWiA: Technical Changes Insufficient
The Ministry of Interior and Administration (MSWiA) stated that fully implementing the CJEU ruling cannot be achieved solely through changes to regulations or technical corrections to forms in IT systems. The ministry noted that the March NSA ruling is final and must be strictly adhered to in individual cases, but a general implementation of the CJEU ruling requires legislative changes.
Legislative Changes Required
Ministry analyses indicate that the issue cannot be resolved solely by changing regulations or modifying technical forms. Amendments to several laws are necessary, primarily the Act on Civil Status Records and other related regulations, to maintain consistency within the legal system.
Kierwiński Acknowledges Complexity
Minister of Interior and Administration Marcin Kierwiński similarly stated that court rulings will be respected, but emphasized that the matter is “not as simple” as some commentators suggest.
Debate Over Individual Case Resolution
Reports indicate that ministers are debating behind closed doors how to issue a Polish marriage certificate to Jakub and Mateusz without announcing any regulation that could open the way for transcribing other couples’ marriages.
Gawkowski Pledges Implementation
Deputy Prime Minister and Minister of Digital Affairs Krzysztof Gawkowski announced that his ministry will do everything to ensure the CJEU ruling is implemented and that the state system supports those seeking marriage transcription. He stated, “Transcription of marriages is technically what it’s called, but it’s about human dignity. Human dignity should be respected and accepted.”
Changes to Marriage Certificate Forms
The Ministry of Digital Affairs and MSWiA are working on solutions to enable the implementation of the NSA ruling. One element is changing the format of marriage certificate copies by replacing the terms “woman” and “man” with “first spouse” and “second spouse.” The government, however, insists this is only part of a larger legal operation.