Poland Resists EU Court Order On Same-Sex Marriage Recognition

by Stefan J. Bos, Worthy News Europe Bureau Chief

WARSAW/BUDAPEST (Worthy News) – Poland’s President Karol Nawrocki says his country “will not succumb to the terror of rainbow rulings” after the European Union’s highest court ruled that Poland and other member states that ban same-sex marriages must recognize such partnerships if they were “lawfully concluded in another member state.”

However, “There is a very high risk that this is a very dangerous precedent that will seek to impose rainbow marriages on Poles … which will completely destroy the family,” the president’s office stressed.

Poland faced a fresh confrontation with European institutions this week after the European Court of Justice (ECJ) on Tuesday ordered nations with constitutional bans on same-sex marriage to recognize such unions when contracted abroad.

The decision, one of the most far-reaching in recent years, intensified ideological tensions already straining relations between Brussels and conservative-led Central European governments.

The ruling followed a case involving two Polish men who married in Germany in 2018, only to have their marriage rejected upon returning to Poland. The ECJ ruled on November 25 that while member states may define marriage in their own laws, they must still comply with EU obligations — including free-movement protections — by recognizing marriages performed elsewhere.

MARRIAGE RECOGNITION DISPUTE

Poland’s justice minister confirmed that the ruling will be implemented, but officials close to President Nawrocki condemned the judgment as an overreach. Deputy chief of staff Adam Andruszkiewicz accused Brussels of attempting to impose “social engineering” and bypass the Polish constitution.

He referenced a major speech days earlier in which the president warned that EU institutions were trying to “dictate the terms” of political and judicial systems inside member states, calling instead for sweeping reform of the bloc.

If Poland refuses to comply, Brussels could impose daily financial fines — a mechanism already used in previous disputes with Warsaw and Budapest. The standoff comes amid broader friction over sovereignty as Poland pushes back against what it sees as excessive European legal intrusion.

Pressure on Poland has increased elsewhere.

Earlier this month, the European Court of Human Rights said Warsaw violated the European Convention on Human Rights by banning abortions based on fetal disability. The ruling further angered conservative groups and Poland’s influential Catholic community.

REGIONAL IMPACT SEEN

Poland, along with Austria, Belgium, the Czech Republic, Denmark, Estonia, Italy, Latvia, Lithuania, and others, has also challenged what it views as judicial overreach by Europe’s human-rights court.

They called in May for a “new and open-minded conversation” about interpreting the European Convention, especially regarding migration.

The ECJ’s marriage ruling is expected to ripple across the region.

Hungary and Slovakia, which also define marriage as between a man and a woman in their constitutions, could face similar legal battles. Hungarian Prime Minister Viktor Orbán’s right-wing government frequently accuses Brussels of seeking to “reshape society without democratic mandate.”

With European elections approaching next year, analysts warn that the ruling may deepen the divide between conservative and Christian leaders in Central and Eastern Europe and EU institutions that insist on harmonized legal standards.

Poland, a heavily Catholic nation, faces the dual challenge of meeting EU requirements while maintaining the traditional values that dominate its domestic political landscape.

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