Polish top court to ask for EU ruling on recognising same-sex marriages

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11/15/2023

Poland’s highest administrative court has announced that it will ask the Court of Justice of the European Union (CJEU) to issue a ruling on whether same-sex marriages conducted in another member state should be recognised in Poland even though Polish law does not allow for such unions. The decision by the Supreme Administrative Court (NSA) is groundbreaking, as up until now Polish courts have refused to refer such cases to the EU level. The case in question was brought by two men – one a Polish citizen, the other a dual Polish-German national – who married in Berlin. When they sought to have their union recognised in Poland, they were refused, first by the registry office and then by courts, which cited article 18 of Poland’s constitution.

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