Poland’s Supreme Administrative Court ruled Friday that same-sex marriages legally performed abroad must be recognized, following a European Union court decision.
Couple’s Case Sets Precedent
The case involves Jakub Cupriak-Trojan and Mateusz Trojan, who married in Berlin in 2018. After returning to Poland, they applied for their marriage to be transcribed in the Polish civil registry, but were denied, with officials stating Poland does not recognize same-sex marriages.
The couple appealed, first to the Mazovian Voivode, who upheld the initial decision. They then brought the case to the Polish Supreme Administrative Court (NSA), which sought a preliminary ruling from the Court of Justice of the European Union (CJEU).
EU Court Ruling Mandates Recognition
In November of last year, the CJEU ruled that Poland is obligated to recognize such marriages, or it would violate EU law. The ruling cited the principles of freedom of movement and non-discrimination based on gender and sexual orientation.
NSA Affirms EU Law
On Friday, the NSA addressed the CJEU’s decision for the first time, stating that EU regulations grant citizens the right to freedom of movement and prohibit discrimination. Citizens should be able to enjoy family life in their home country and have legal certainty regarding their marital status.
Judge Leszek Kirnaszek stated that denying transcription is an unacceptable restriction of rights. He also noted that the Polish constitution does not present an absolute obstacle to recognizing a same-sex marriage contracted in another EU member state.
USC Position Remains “Does Not Recognize”
The Civil Registry Office (USC) maintains its position that “Poland does not recognize same-sex marriages,” and that transcribing such a marriage would violate fundamental principles of Polish law.
Defense attorney Paweł Knut argued that recognizing same-sex marriages does not harm heterosexual couples and that there is no legal prohibition against transcription in Poland.
