Supreme Administrative Court in Poland has ruled that same-sex marriages performed in other EU member states must be recognised, marking a significant moment for LGBT rights in the predominantly Catholic nation.
The decision, which followed a ruling by Court of Justice of the European Union, was met with applause inside the courtroom, where activists and same-sex couples gathered to celebrate the outcome, reports RTE.
The case involved Jakub Cupriak-Trojan and his husband Mateusz Trojan, who married in Berlin in 2018.
After moving to Poland, however, Warsaw’s Civil Registry declined to recognise their marriage, citing the Polish constitution, which does not acknowledge same-sex unions, reports RTE.
The EU’s highest court ruled in November that marriages between same-sex couples conducted in one member state must be recognised across all 27 countries in the bloc.
However, there had been uncertainty over whether Poland — which has previously clashed with the EU on LGBT issues — would comply with the ruling, reports RTE.
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“Today we are celebrating a human rights holiday, an incredible decision, very much needed,” said Pawel Knut, one of the couple’s lawyers.
While Poland’s constitution defines marriage as a union between a man and a woman, judge Leszek Kirnaszek said it does not explicitly forbid recognising marriages conducted in other EU countries.
“EU regulations grant every citizen the right to freedom of movement and prohibit discrimination on the grounds of sex and sexual orientation,” he said, reports RTE.
However, the court specified that recognised marriages must have been conducted abroad under the principles of freedom of movement and residence, meaning uncertainty remains over whether all same-sex unions will be covered or only those involving extended stays abroad.
Rights groups estimate that between 30,000 and 40,000 same-sex marriages involving Polish citizens have taken place outside the country, reports RTE.
Poland remains among the few European nations yet to legalise same-sex marriage or civil unions, alongside Bulgaria, Romania, and Slovakia.
The country has consistently ranked among the lowest in Europe for LGBTQ rights, according to International Lesbian, Gay, Bisexual, Trans and Intersex Association, reports RTE.
Although only 31% of people in Poland support same-sex marriage, according to an Ipsos poll conducted last year, 62% support some form of legal recognition for same-sex unions.
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