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
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [● 16 SOURCES] The Constitutional Tribunal of Poland declared the regulation of the Minister of Digitisation on transcribing foreign same‑sex marriage certificates unconstitutional. (Tribunal decision, cited in multiple articles.)
- [● 16 SOURCES] The Tribunal panel consisted of President Bogdan Święczkowski, judge‑reporter Stanisław Piotrowicz and judge Wojciech Sych. (Panel composition noted in the rulings.)
- [● 15 SOURCES] The regulation introduced document templates (attachments 1‑6) for issuing extracts of marriage acts and certificates concerning foreign same‑sex marriages. (Details of the contested regulation.)
- [● 16 SOURCES] The Tribunal hearing took place on 28 July 2026 (Tuesday). (Date of the hearing.)
- [● 16 SOURCES] The Tribunal’s decision was unanimous. (Unanimous ruling.)
- [● 15 SOURCES] The regulation was issued on 22 May 2026 and amended civil‑status document templates. (Date and purpose of regulation.)
- [● 16 SOURCES] The case was brought by a group of MPs represented by Law and Justice MP Marcin Warchoł. (Petitioners of the case.)
- [● 15 SOURCES] The regulation was scheduled to take effect on 23 August 2026, three months after its publication. (Effective date of the contested regulation.)