Poland’s Constitutional Court unanimously ruled that registering foreign same-sex unions violates constitutional protections of marriage.
Newsroom (30/07/2026 Gaudium Press ) Poland’s Constitutional Court has unanimously ruled that the registration in Polish civil records of same-sex unions legally contracted in other European Union countries is incompatible with the nation’s Constitution, reaffirming the constitutional definition of marriage as the union of one man and one woman.
The decision, issued on July 28, 2026, comes less than a week after Polish President Karol Nawrocki vetoed legislation promoted by Prime Minister Donald Tusk’s government that would have introduced civil partnerships. In defending his veto, Nawrocki pointed to the constitutional provisions that protect marriage as a union between a man and a woman.
The Constitutional Tribunal’s ruling was delivered by a three-judge panel chaired by its president, Bogdan Święczkowski. The court found that regulations approved by the Ministry of Digitalization to facilitate the transcription and registration of same-sex unions contracted abroad violated Article 18 of the Polish Constitution. That article explicitly defines marriage as “the union of a man and a woman” and places marriage, family, motherhood, and fatherhood under the protection and care of the Republic of Poland.
The Court’s Constitutional Reasoning
In presenting the court’s reasoning, Judge Stanisław Piotrowicz argued that a lower-ranking legal norm cannot introduce solutions that contradict a superior constitutional provision. According to the ruling, while the Constitution clearly establishes the heterosexual character of marriage, the challenged regulations would permit the issuance of official certificates recognizing unions that do not meet that constitutional definition.
The court also referred to Article 92.1 of the Constitution, which regulates the issuance of executive regulations and requires them to remain within the framework established by constitutional authority. The judges concluded that the measures introduced to implement the registration of foreign same-sex unions exceeded those constitutional limits.
A further element of the judgment concerned national sovereignty in matters of family law. The tribunal held that the order arising from the Court of Justice of the European Union (CJEU) encroached upon Poland’s authority to shape its own policies regarding marriage and the family.
Judge Piotrowicz stated that any recognition by Polish authorities of a same-sex union contracted abroad as a marriage would require constitutional amendments as well as changes to ordinary legislation, particularly the Family Code and the Civil Registry Act. As a result, the court determined that such recognition cannot be introduced through administrative regulations alone.
Tensions Between Warsaw and European Institutions
The ruling emerges from a broader legal dispute between Poland and European institutions over the extent of EU influence in areas traditionally governed by national law.
In November 2025, the Court of Justice of the European Union ruled that EU member states must recognize same-sex unions legally concluded in other member countries when necessary to ensure the effective exercise of rights related to free movement and residence within the European Union. The European court did not require Poland to legalize same-sex unions domestically or redefine marriage. However, it held that registration could be necessary when it constitutes the only means of guaranteeing rights and benefits connected to a person’s civil status.
The case originated with two men, one a Polish citizen and the other holding dual German-Polish citizenship, who entered into a legal union in Germany in 2018 before relocating to Poland the following year. Their case eventually became the basis for the CJEU’s decision.
Following the European ruling, Poland’s Supreme Administrative Court determined in March 2026 that registering such unions did not undermine Poland’s national identity and did not interfere with the state’s authority to legislate on family matters. Acting on that interpretation, the government of Prime Minister Donald Tusk approved legislation in May 2026 that would have enabled the registration process, with implementation scheduled for the end of August.
Constitutional Court Intervention
The legislation was subsequently challenged before the Constitutional Court by members of the conservative Law and Justice (PiS) party. Their appeal led to the suspension of the measure and ultimately resulted in the court’s final ruling declaring the regulations unconstitutional.
The judgment represents another chapter in the long-running tensions between Poland’s Constitutional Court and European judicial institutions. Over recent years, disagreements have frequently arisen regarding the relationship between Polish constitutional law and European legal obligations. Those disputes have been intensified by controversies surrounding judicial appointments made during previous PiS administrations.
For supporters of the ruling, the decision reinforces constitutional protections for marriage and family life as understood in Polish law. For critics, it highlights continuing friction between national constitutional authority and obligations arising from European Union membership.
With the Constitutional Court’s judgment being both unanimous and final, the registration of same-sex unions contracted abroad will not proceed under the challenged regulations. According to the court’s reasoning, any future change in this area would require amendments not only to ordinary legislation but also to Poland’s Constitution itself.
- Raju Hasmukh with files from Infocatholica
