Poland’s ruling Law and Justice (PiS) party has appealed to the Constitutional Tribunal following a court ruling mandating the recognition of a same-sex marriage legally performed in Germany.
NSA Ruling on Same-Sex Couple
The ruling by the Supreme Administrative Court concerned the marriage of two Polish citizens, legally concluded in Berlin in 2018. The couple sought to have their marriage recognized in Poland.
They submitted a request to transcribe their German marriage certificate into the Polish civil registry, but were denied due to Polish law prohibiting same-sex marriage.
Legal Challenge and Tribunal Appeal
The case progressed through the Voivodeship Administrative Court in Warsaw and then to the Supreme Administrative Court, which ordered the head of the Warsaw civil registry office to register the same-sex marriage certificate.
PiS lawmakers have filed a petition with the Constitutional Tribunal, arguing in defense of marriage, family, and natural law, and opposing the introduction of same-sex unions “through the back door” in violation of the Polish constitution, according to MP Marcin Warchoł.
“Judicial Usurpation” and Constitutional Interpretation
PiS argues against what they call a “judicial usurpation of power” by the NSA, claiming the court is applying its own interpretation of the law. They maintain that Polish constitution defines marriage as between a man and a woman.
They have requested the Constitutional Tribunal clarify this point for any judges who may disagree, and to restore the law in Poland.
Advocate’s Perspective and EU Law
Paweł Knut, the attorney representing the couple, hailed the NSA’s decision as a “good day for the protection of human rights in Poland,” stating it opens a new chapter in the fight for equal treatment of same-sex couples who marry abroad.
Knut emphasized that refusing to transcribe foreign marriage certificates is now unacceptable and that EU law requires Poland to perform such transcriptions, and that failing to do so constitutes a violation.
Administrative Action Required
Artur Kula, another attorney involved, noted that the civil registry office has 30 days to comply with the NSA’s ruling, regardless of technical challenges.
He stated that the responsibility now lies with the administration, the government, the Prime Minister, and relevant ministers to issue appropriate regulations and update the IT system to accommodate the new marriage certificate formats.
