Poland rejects recognition of EU same-sex marriages

Poland's Constitutional Tribunal has ruled that the country cannot recognise same-sex marriages performed in other European Union member states, declaring a regulation issued by Interior Minister Marcin Kierwiński unconstitutional.

In its decision on July 28, the tribunal said the regulation conflicted with the Polish Constitution, which defines marriage as a union between a man and a woman, dpa reports.

The regulation had been introduced following a November ruling by the Court of Justice of the European Union, which found that EU member states must recognise same-sex marriages legally contracted elsewhere in the bloc to safeguard citizens' right to free movement and family life. The case was brought by two men who married in Berlin in 2018.

In March, Poland's Supreme Administrative Court incorporated the CJEU ruling into Polish law, determining that same-sex marriages performed in other EU countries should be recognised by the Polish state. The regulation issued by Interior Minister Marcin Kierwiński, requiring registry offices to comply with that decision, had been scheduled to take effect at the end of August.

However, lawmakers from the opposition Law and Justice party challenged the measure before the Constitutional Tribunal. The tribunal's majority of judges were appointed during the party's time in government. The court ultimately ruled in their favour, preventing the regulation from taking effect.

By Sabina Mammadli