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[POLITICS] · Poland · 27 sources

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Polish Constitutional Tribunal blocks transcribing foreign same‑sex marriages

On 28 July 2026 the Constitutional Tribunal of Poland ruled unanimously that a regulation issued by the Minister of Digital Affairs on 22 May 2026, which would have allowed the transcription of same‑sex marriages performed abroad into the Polish civil register, is unconstitutional. The three‑judge panel, chaired by President Bogdan Święczkowski with judges Stanisław Piotrowicz and Wojciech Sych, said the provision violates Article 92 para 1 in conjunction with Article 18 of the Constitution, which defines marriage as a union of a man and a woman. The contested part of the regulation was slated to take effect on 23 August 2026. The decision creates a legal clash with a prior Court of Justice of the European Union ruling that EU member states must recognise same‑sex marriages performed in other member states.

The tribunal’s judgment nullifies the transcriptions clause, leaving the government’s broader plan to comply with the EU ruling on hold and prompting debate over possible political resistance to the ruling.

Entities

Bogdan Święczkowski · Constitutional Tribunal of Poland · Krzysztof Gawkowski · Marcin Warchoł · Polish Constitutional Tribunal · Stanisław Piotrowicz · Wojciech Sych

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about 2 months ago
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