EU court rules Poland must recognise Marriage Equality

In a big step forward for LGBTQ people in Europe, the European Court of Justice has ruled that EU member states are obliged to recognise same-sex marriages that have been registered elsewhere in the EU.

Poland was the country against which the complaint had been brought. The complainants were a same-sex Polish couple who had been married in Germany in 2018.

When the couple subsequently moved to Poland, authorities refused to accept their marriage certificate as Polish law does not recognise same-sex marriage.

In its ruling, the ECJ clarified that Poland was not required to amend its domestic law. This means that while same-sex couples in Poland are not able to be married, Polish authorities must recognise a same-sex marriage registered in an EU country that has embraced Marriage Equality.

The ruling will also apply to countries such as Hungary and Slovakia - member states of the EU who have not embraced Marriage Equality.

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.