NEWS / Top European Court orders Poland to recognize same-sex marriage certificates

The Court of Justice of the European Union ordered Poland to recognize same-sex marriage certificates obtained in other European Union countries even if Poland does not allow such marriages.

According to ABC News, the ruling stems from the case of a Polish same-sex couple who got married in Berlin in 2018. They later decided to move back to Poland but their German marriage certificate was not transcribed or recognized by Polish authorities. The Court of Justice ruled that the failure to recognize such marriage certificates was in violation of “freedom to move and reside” as well as the “fundamental right to respect for private and family life”.

Same-sex marriages and civil partnerships are currently illegal in Poland.

The ruling centrist coalition government under Prime Minister Donald Tusk will now be required to implement the ruling as failure to do so could result in fines and other political pressure from Brussels.

The government previously introduced a legislative proposal that would allow same-sex couples to sign an agreement before a notary granting one another access to medical records and joint tax statements. While Prime Minister Tusk himself and his Civic Coalition alliance are not opposed to the ruling, other members of the governing coalition, such as the Polish Coalition and Poland 2050, may resist such efforts. It is also likely that President Karol Nawrocki, who is supported by the conservative Euro-sceptic Law and Justice party, will attempt to veto the legislation.

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