Poland: Warsaw City Hall registers first same-sex marriage after EU ruling

The city of Warsaw has transcribed the first same-sex marriage certificate, “in accordance with court rulings, both in Poland and the Court of Justice of the European Union.” The mayor of the Polish capital announced this. Rafal Trzaskowski, adding that “future requests of this type will be processed very quickly” and issued by the city’s Civil Registry Office. “This is an open and tolerant city,” where “the defense of minorities who have been subjected to attacks for years is of primary importance to us. Warsaw is for everyone,” the mayor continued. The transcribed certificate belongs to a same-sex couple who married in Germany in 2018. The couple had previously requested transcription from the Warsaw municipality, but their request was initially rejected. The municipality had argued that Polish law does not permit same-sex marriages. The couple’s appeal to the courts sparked a dispute that reached the Court of Justice of the European Union (CJEU). Last November, the Court ruled that Poland must recognize same-sex marriages performed in other European Union member states. The legal case ended on March 20, when Poland’s Supreme Administrative Court – the same one that had raised the issue before the ECJ – ordered the Warsaw Registry Office to register the marriage certificate.

Since Poland still does not recognize any form of same-sex union, it is unclear what the legal consequences of recognizing same-sex unions celebrated abroad will be. The current governing coalition, led by Prime Minister Donald Tusk, includes conservative elements that have so far thwarted initiatives aimed at some form of legal recognition for homosexual couples. Moreover, even if the parliamentary majority were to approve a law on the matter, it is extremely likely that the President of the Republic, Karol Nawrockiveto the promulgation. Last Tuesday, Tusk announced that work is underway on a draft regulation that will allow the recognition of same-sex marriages contracted abroad. “We are committed, and I will personally commit to ensuring this, to first and foremost respecting the rulings of both European and Polish courts. Therefore, this is a matter of the rule of law. More importantly, it is also a matter of human dignity and human rights,” Tusk said.

Poland: Warsaw City Hall registers first same-sex marriage after EU ruling

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