Poland’s Constitutional Court has ruled that same-sex marriages performed abroad cannot be recognised in Poland because the constitution defines marriage as a union between a man and a woman.
The Government and the Court of Justice of the European Union had argued that Polish municipalities should recognise such marriages. However, the constitutional judges found that this would conflict with Poland’s constitution.
In November, the EU’s top court said Member States must recognise same-sex marriages concluded in other EU countries. The judges in Luxembourg said EU citizens must be able to continue their family life across different Member States.
The case before the EU court was brought by two men who got married in Berlin in 2018.
In March, Poland’s Supreme Administrative Court ruled that same-sex marriages contracted abroad should be recognised by the Polish state. In doing so, it applied the EU court’s judgment to Polish law.
That ruling had been due to take effect at the end of August, but the conservative opposition Law and Justice party, known as PiS, challenged it before the Constitutional Court.
The Constitutional Court is made up largely of judges appointed during PiS’s time in power and is widely seen as close to the party.
