The Supreme Administrative Court in Poland has issued a ruling. Refusing to transcribe marriages is illegal

In today’s ruling, the Supreme Administrative Court confirmed the interpretation of the Court of Justice of the European Union in Luxembourg, indicating Poland’s obligation to comply with EU law. Campaign Against Homofobia – “This is an extremely important step, but not the last one”

Today, March 20, the Supreme Administrative Court ruled that EU law requires Polish civil status registers to record same-sex marriages concluded abroad. Therefore, the only way to fulfill this obligation is to transcribe them, which is a requirement of every Civil Registry Office in Poland.

Today’s ruling by the Supreme Administrative Court clearly demonstrates that Poland, as a member state of the European Union, must comply with European Union law. The Supreme Administrative Court rightly upheld the interpretation of the Court in Luxembourg and indicated that the only way to implement this ruling is to allow the transcription of a foreign marriage certificate. This ruling is a significant step towards marital equality, but certainly not sufficient, commented Przemek Walas, advocacy manager at Campaign Against Homofobia.

As a reminder, the decision was issued after the Supreme Administrative Court reviewed a complaint against the judgment of the Provincial Administrative Court in Warsaw. The NSA upheld the decision of the voivode, who had previously upheld the decision of the head of the Civil Registry Office refusing to transcribe the marriage certificates of two men. The case has been ongoing since 2019 and has been heard by administrative courts of both instances and the Luxembourg Court of Justice.

In November 2025, the Court of Justice of the European Union (CJEU) answered the question of the Polish court in this case, pointing out the need for our country to recognize marriages concluded in other European Union countries. Read more: Groundbreaking CJEU ruling: Failure to transcribe a foreign same-sex marriage certificate is incompatible with EU law

Poland must comply with EU law

In its ruling today, the Supreme Administrative Court shared the CJEU’s perspective. Since the relevant treaty provisions require Poland to take into account same-sex marriages concluded abroad, the only solution is to transcribe them.

Consequently, the Supreme Administrative Court overturned both the Provincial Administrative Court’s judgment and the previous administrative decisions and referred the case to the Civil Registry Office. The Civil Registry Office should now transcribe the foreign marriage certificate, thus granting the couple’s request.

Today’s ruling sets a precedent. If the Civil Registry Office does indeed transcribe the marriage in the near future, same-sex marriage between two men will become legal under Polish law. This will open the door for many couples who have been in unrecognized marriages for years.

Recognition of a marriage concluded abroad is the first step on the road to equality, and the coming months and years will show whether the legal system will actually guarantee equal rights to all people in formal relationships, including in terms of health insurance coverage, joint taxation, tax exemptions, and inheritance.

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