On Tuesday, Poland's Constitutional Tribunal ruled against a proposed law. The law would have permitted the recognition of same-sex marriages from other European Union (EU) countries. This decision disregards a 2025 ruling by the Court of Justice of the European Union (CJEU). The CJEU required Poland to at least acknowledge such marriages for individuals who are foreign nationals and move there. The ruling by the Polish court has the potential to intensify tensions between the CJEU and the nation's constitutional tribunal.
The Constitutional Tribunal, in a unanimous and final decision, claimed that the CJEU ruling contradicted Article 18 of Poland’s constitution. Article 18 explicitly defines marriage as a union between a man and a woman. Furthermore, the court referenced Article 92, Paragraph 1 of the constitution. The article states that the constitutional organs of the state should specify the laws.
The background of the dispute
The CJEU decision from November 2025 did not force Poland to approve same-sex marriage. Rather, it mandated that married same-sex couples relocating to Poland should have their marital status recorded in civil registries. This requirement is based on EU rules about freedom of movement for citizens. These rules aim to ensure that individuals moving within the EU can enjoy the same rights and benefits. They can do this in their new country as they did in their original one.
The legal case originated when two men, one Polish and the other with dual Polish and German nationality, married in Germany in 2018 and later moved to Poland. Their situation led the Supreme Administrative Court in March 2026 to declare that the proposed law did not violate the country's national identity. As a result, the government enacted the legislation in May 2026, with the law set to become active at the end of August.
What this means for Polish-EU relations
The Constitutional Tribunal's ruling creates the possibility of a confrontation. It is a confrontation between Poland’s constitutional court and the CJEU. Although the court did not provide a detailed justification, it appeared to imply that the EU court’s decision exceeded its authority. It is said that it interfered in Poland’s jurisdiction over family law.
This conflict is not unprecedented. Poland and the CJEU have had disagreements in the past, most notably regarding the contentious appointments of judges when the right-wing PiS government was in power. The CJEU issued a recent criticism of Poland’s judicial system in December 2025, highlighting the ongoing friction between the two parties.
Poland is among only four EU countries—Bulgaria, Romania, and Slovakia—that do not legally recognize same-sex marriage or offer civil unions. With about 70% of its population identifying as Roman Catholic, the issue remains a point of deep division. The ruling by the Constitutional Tribunal adds another layer to the ongoing debate over Poland's stance on same-sex marriage and its alignment with EU regulations.
The outcome of this situation will likely be watched closely by both the Polish government and the EU, as it sets a precedent for future interactions between national courts and the CJEU on issues of civil rights and constitutional law. The continued disagreements over judicial reforms and the recognition of same-sex marriages could further strain the relationship between Poland and the EU.