Polish court says same-sex marriages conducted in EU must be recognized

WARSAW, Poland (AFP) — Poland’s Supreme Administrative Court on Friday ruled that same-sex marriages conducted in EU member states must be recognized, a landmark case for LGBT rights in the traditionally Catholic country.

The landmark decision, which follows a ruling by the top EU court, was applauded in the courtroom, where longtime activists and same-sex couples convened to celebrate.

It concerned the case of Jakub Cupriak-Trojan and his husband Mateusz Trojan, who were married in Berlin in 2018.

When the couple relocated to Poland, however, Warsaw’s Civil Registry refused to recognize their marriage as the Polish constitution does not recognize same-sex marriages.

The EU’s top court ruled in November ruled that same-sex marriages carried out in one state must be recognized throughout the 27-country bloc.

But it was uncertain whether Poland — which has several times wrestled with the EU over LGBT rights — would accept such a ruling.

“Today we are celebrating a human rights holiday, an incredible decision, very much needed,” said Pawel Knut, one of the couple’s lawyers.

While the Polish constitution defines marriage as a union between a man and a woman, Judge Leszek Kirnaszek said it does not prohibit recognizing marriages concluded in other EU countries.

“EU regulations grant every citizen the right to freedom of movement and prohibit discrimination on the grounds of sex and sexual orientation,” he said.

However, as the Polish court ruled that marriages to be recognized must have been carried out “abroad making use of the freedom of movement and residence,” according to the lawyers it is still uncertain whether the decision covers all same-sex unions, or only those where the couple have lived in another country for an extended period.

Rights organizations estimate that 30,000-40,000 same-sex marriages have been concluded by Polish citizens abroad.

Poland is one of the last European countries not to have legalized same-sex marriages or civil unions, along with Bulgaria, Romania and Slovakia.

The country has consistently ranked among the worst in Europe for LGBTQ rights, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association.

Although only 31% of Poles support the introduction of same-sex marriage, according to an Ipsos poll conducted last year, 62% back some form of legal recognition of same-sex unions.

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By Agence France-Presse