Court rules that Poland must recognise same-sex marriages
Couples that have been married in other jurisdictions will retain that status in Poland.
Poland's top administrative court has ruled that authorities must recognise same-sex marriages performed in the EU by entering them in Poland’s civil registry.
In November 2025, the European Court of Justice declared that EU member states are obliged to recognise a union between two EU citizens which has “lawfully concluded in another member state” and where the couple in question have “exercised their freedom to move and reside”.
Refusal to recognise same-sex unions conducted in the EU is, the court has said, contrary to EU law and infringes on EU citizens’ freedom to move and reside as well as their rights to respect for private and family life.
This ruling was in regard to two Polish men who married in Berlin in 2018. They had previously been denied legal recognition in Poland.
This new ruling from the administrative court in Poland, effectively implements the requirements of the European Court of Justice and overrules local decisions that had sought to block the recognition of same-sex marriages.
Queer couples in Poland may not yet be able to get married but this looks like a legal loophole whereby they could get married in another EU country and then access the benefits of marriage when they return to Poland.
What's life like for LGBTQ people in Poland?
What's life like for LGBTQ people in Poland? Let's take a look at some of the key equality indicators.
Is homosexuality legal in Poland?
Yes.
The legal history is a bit complicated but you could say that homosexuality was decriminalised in 1945.
Are there anti-discrimination protections in place for LGBTQ people?
There are some limited employment-based protections.
Is there Marriage Equality in Poland?
No. Poland’s 1997 constitution states that a marriage is between a man and a woman.
What's life like for LGBTQ people in Poland?
Poland remains a very socially-conservative country, with the Catholic Church a big player in shaping public opinion.
Religious conservatism is a powerful force in sustaining systemic homophobia.
The most recent ILGA report on LGBTQ Equality across Europe ranked Poland in 39th position overall. With an overall score of 20.5%, Poland scored weakly across all assessment criteria, making it one of the worst countries in Europe for LGBTQ people to live.
