EU Court and Poland's Constitutional Tribunal Clash Over Homosex “Marriages”

Poland's Constitutional Tribunal has ruled that homosex “marriages” performed abroad cannot be entered into the country's civil registry. Doing so would violate Article 18 of the Polish Constitution, which defines marriage as a union between a man and a woman.

The July 28 ruling comes after a series of conflicting legal decisions.

In November 2025, the Court of Justice of the European Union (CJEU) held that Poland must recognize homosex marriages performed in other EU member states where necessary to protect EU free movement rights.

In March, Poland's Supreme Administrative Court applied that judgment, and the government began preparing regulations to implement it.

The Constitutional Tribunal has now reached the opposite conclusion, holding that foreign marriage certificates may only be transcribed if they meet the constitutional definition of marriage.

The court said any change would require an amendment to the Constitution and legislation passed by Parliament - not administrative action.

The ruling highlights the continuing tension between the primacy of EU law and the authority of national constitutions.

While the CJEU maintains that member states must comply with EU legal obligations, Poland's Constitutional Tribunal insists that the Constitution remains the supreme law of the land.

Prime Minister Donald Tusk's government, which has questioned the legitimacy of the current Constitutional Tribunal, criticized the ruling and indicated it would continue pursuing measures to recognize foreign homosex marriages.

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