Poland Resists EU Court Order To Recognize Same-Sex Marriage

Authored by Thomas Brooke via Remix News,

Poland’s government and leading opposition figures have publicly pushed back against suggestions that the European Union can compel Warsaw to recognize same-sex marriages, despite a landmark ruling from the Court of Justice of the European Union (CJEU) requiring Poland to acknowledge a marriage legally concluded in another member state.

Interior Minister Marcin Kierwiński insisted on Wednesday that this week’s judgment does not equate to Brussels overruling Polish sovereignty.

“Since yesterday, many untruths have accumulated in this matter. Interpretations are already emerging that say: the EU is imposing its legislation on us. So no – it cannot impose its legislation on us,” he said, adding that the judgment alone “cannot force a change in Polish law in this regard.”

He stated that the government will outline how the ruling will be handled only “after thorough analyses by the Ministry of Foreign Affairs, the Ministry of the Interior and the Ministry of Justice.”

The ruling — issued on Tuesday by the EU’s top court — found that Poland acted incompatibly with EU law when it refused to recognize the marriage of two Polish men who married in Berlin in 2018 and sought legal recognition upon returning home.

The CJEU held that while marriage legislation remains a national competency, a member state cannot obstruct EU citizens’ freedom to move and maintain family life across borders.

The judges concluded that denying recognition “may cause serious inconvenience at administrative, professional, and private levels” and would breach both free movement rights and the right to family life, enshrined in the European treaties and human rights legislation.

The judgment stopped short of requiring Poland to legalize same-sex marriage domestically, but it does obligate Warsaw to treat foreign same-sex marriages the same way it treats opposite-sex marriages for the purpose of recognition.

Under current law, transcription of foreign marriage certificates is the sole method for acknowledgment — a system the court said must now apply equally to same-sex couples. The move opens the door to same-sex couples in Poland, knowing they can return and insist upon the same rights as heterosexual couples.

Political fallout was immediate. President Karol Nawrocki, who has repeatedly taken a hard line against perceived EU overreach and is framed as a Eurosceptic within the Polish political landscape, was publicly defended by Przemysław Czarnek, deputy chairman of the opposition Law and Justice (PiS) party, who said Poland should not be expected to accept every directive from the EU.

“When they ask us to reduce CO₂ emissions by 90 percent, we really have to say: Down with it,” Czarnek said.

He argued the same stance should apply to “rulings of the Court of Justice of the EU on same-sex marriage,” adding: “We are not condemned to be in the European Union, the Union is not our homeland, Brussels is not our capital.”

Czarnek, a former education minister, said the EU was originally a peace project but has drifted toward unification that “goes beyond the original plans.” Membership still offers value, he said, but “if it destroys our Christian worldview, then we have to say NO. We have to weigh the costs and benefits.” He stressed that EU membership should last only so long as Poland can safeguard its interests.

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