Polish President Vetoes Civil Partnership Bills, Halting Expansion of Legal Rights for Unmarried Couples

The veto, announced on Friday, was justified by Nawrocki on constitutional grounds. The president pointed to Article 18 of the Polish Constitution, which defines marriage as a union between a man and a woman and places it under the protection of the state.

Nawrocki argued that approving the legislation would effectively circumvent the intentions of citizens who adopted the Constitution. He said he did not want to create alternative legal structures that, in his view, would replicate marriage under a different name, citing examples from other countries, including Spain.

The two bills had successfully passed through both chambers of Parliament between May and June with the backing of Tusk’s governing coalition, an alliance that spans political forces from the left to the center-right. During the debate, supporters presented the proposals as a pragmatic solution to address legal gaps affecting unmarried couples, regardless of sexual orientation.

During his statement explaining the veto, Nawrocki noted that while he had expressed willingness during the election campaign to discuss legislation regulating civil partnerships, he had consistently opposed any arrangement that, in his assessment, simulated marriage.

Proposed Agreements Would Have Expanded Legal Rights

Under the legislation, a new legal category known as the “closest person” would have been established through agreements signed before a notary and registered in the civil registry. The framework was designed to provide legal security to individuals living together outside marriage.

The proposed arrangements would have granted participants a range of rights currently associated with spouses. These included the ability to hold property jointly, file joint tax returns, access a partner’s medical records, benefit from inheritance and gift tax exemptions, and make decisions regarding burial arrangements in the event of a partner’s death.

Supporters of the bills emphasized that the agreements were not exclusively intended for romantic couples. To broaden political support, particularly among more conservative coalition members, the legislation also allowed such contracts to be concluded between relatives, friends, neighbors, or other individuals with close personal relationships.

This approach was intended to address concerns raised by the Polish People’s Party (PSL), the coalition’s conservative partner. The party had previously opposed similar proposals, arguing that they could undermine the institution of marriage.

President Says Legislation Threatened Marriage’s Special Status

Nawrocki, who is politically aligned with the opposition Law and Justice (PiS) party, had signaled for months that he intended to reject the measures. In a recorded address, he argued that the legislation effectively introduced civil unions “through the back door.”

According to the president, the proposed agreements were designed to serve as substitutes for marriage and therefore risked diminishing its unique legal and constitutional standing.

“As guardian of the Constitution, I cannot accept a solution that leads to the loss of the special status of marriage, defined in Article 18 of the Constitution as the union of a woman and a man, under the protection and care of the Republic of Poland,” he said.

The legislation faced opposition throughout its parliamentary journey from both PiS and the right-wing Confederation party, which voted against the proposals.

The veto continues a pattern in Nawrocki’s use of presidential powers on family-related issues. In April, he blocked a separate reform that would have allowed out-of-court divorces before civil registrars. At the time, he argued that marriage should not be reduced to a simple administrative procedure and said the state’s role was to support family stability rather than make divorce easier.

Government Condemns Decision but Lacks Numbers to Override Veto

Prime Minister Donald Tusk responded sharply to the president’s decision, using social media to criticize the veto as an act that denied people the opportunity to pursue “happiness and a normal life.”

Since returning to power in 2023, Tusk has sought to advance a range of social reforms. However, ideological divisions within his broad coalition and the constitutional powers of the presidency have repeatedly complicated efforts to enact major legislative changes.

Any attempt to override the veto would require a three-fifths majority in the Sejm, Poland’s lower house of Parliament, with at least half of lawmakers present. Given the consistent opposition from PiS and Confederation lawmakers, government officials acknowledge that securing the necessary support is effectively impossible.

As a result, attention is shifting toward alternative legal avenues. Katarzyna Kotula, the government official responsible for equality policies, has announced plans to focus on ensuring that same-sex couples legally married abroad can obtain all available rights in Poland.

Her strategy follows a ruling by the Court of Justice of the European Union requiring Poland to recognize certain legal effects of marriages performed in other member states.

Poland Remains an Outlier in the European Union

The veto preserves Poland’s position among the few remaining European Union member states that do not legally recognize either civil partnerships or same-sex marriage. Alongside Bulgaria, Romania, and Slovakia, Poland continues to maintain a legal framework in which same-sex couples lack access to formal domestic partnership recognition.

The latest confrontation highlights the enduring divide between advocates of expanding legal protections for diverse family structures and those who argue that existing constitutional provisions require the state to reserve marriage-related rights exclusively for traditional marriage.

For Tusk’s government, the veto represents another obstacle in its effort to advance social reforms. For Nawrocki and his supporters, it is a reaffirmation of constitutional protections for marriage. With little prospect of Parliament overturning the decision, the debate over legal recognition for unmarried and same-sex couples in Poland is likely to continue through future legislative and judicial challenges.

• Raju Hasmukh with files from Infocatholica