As Poland confronts growing demands to acknowledge same-sex unions registered across the EU, a young activist based in Warsaw shares insights with EUobserver on how conservative elements are pushing back against changes.

A key decision from the EU Court of Justice in Luxembourg on 25 November 2025 determined that Warsaw's decision not to register foreign marriage certificates breached the bloc's freedom of movement regulations.

The case, launched by two Polish men who wed in Germany, has become a key test for LGBTQ+ rights in Poland and has highlighted tensions between European law, local bureaucracy, and a government trying to balance reform pledges with pushback from conservative voices.

Yet human rights advocate Mateusz Trzaska, from the Warsaw-based Campaign Against Homophobia (KPH), cautions that while there are grounds for optimism, real progress remains uncertain.

EUobserver: Why was Poland first put before the EU courts on gay marriage?

Trzaska: The Court of Justice of the European Union, the CJEU, responded to a preliminary question from our National Supreme Administrative Court about how to interpret European law. The matter involved two men, Jakub and Mateusz, who challenged a city clerk's refusal to transfer their marriage certificate from Germany into the Polish records.

The Polish proceedings began years ago in 2019, and the final CJEU ruling arrived in November 2025. It stated that Polish rules blocking the transfer of same-sex marriage certificates hinder freedom of movement within the European Union.

What are the legal complexities of transferring EU marriage licences into Polish ones?

Until recently, the Polish system was designed to recognise only different-sex partners in marriage. Certificates offered just one option for spouses: one male and one female. This made it difficult to process gay-marriage documents because two men or two women could not be entered as legally wed.

When same-sex couples sought to register foreign certificates, the clerk's computer system could not accept the data. The national identification number, known as PESEL, contains a gender marker, and entries for two males or two females triggered red alerts that halted the process.

The legal framework now helps because new rules require gender-neutral wording for spouses on certificates. This creates a pathway to transfer marriage documents from other countries.

Are the changes already applicable?

Not yet. The National Supreme Court, after reviewing the case of Mateusz and Jakub, referred preliminary questions to the CJEU and received its ruling on 25 November last year. On 20 March this year, the National Supreme Court delivered its own decision based on those answers.

Poland must now allow the transfer of marriage licences from other EU states into its system. The head of the civil registry has 30 days to complete registration. That period began on Friday after case files were returned to the registry. The Warsaw civil registry head must therefore enter Mateusz and Jakub's marriage certificate into Polish records.

How many people are directly impacted by this legislation?

Exact figures are unavailable for same-sex couples who married abroad and sought Polish registration. The process is lengthy, as shown by the case of Mateusz and Jakub that started in 2019.

Since 20 March, six further rulings have come from the Supreme Administrative Court. Last Thursday alone, the court issued three decisions for three additional couples.

Regional administrative courts are also beginning to apply the CJEU and Supreme Administrative Court rulings by directing civil registry offices to register foreign marriage certificates.

Are these rulings and the CJEU's intervention a step toward formal recognition of same-sex marriage in Poland?

Absolutely. It marks an important day and a major celebration for the community. Couples still must marry abroad before gaining recognition here, yet this represents real progress.

It also demonstrates that implementation is not merely a question of political will. Politicians must ensure rights are put into practice.

Debate continues over how the first official same-sex registration will unfold. Poland's broad coalition government includes more left-leaning ministries that are actively seeking practical ways to apply the ruling.

What remains unclear is the full legal and institutional meaning of registration for these couples. So far only the Social Security Institution has confirmed equal coverage for same-sex and different-sex marriages. This is a significant win, yet much more must follow beyond simply declaring the couples married.

Further disputes with public institutions are likely, and KPH is monitoring developments closely to clarify what has been achieved and what still lies ahead.

Where does Poland stand now where LGBTQ+ rights are concerned?

This is difficult to assess. On one hand, the current government has sought to introduce civil partnerships and pledged to protect LGBTQ+ dignity within its first 100 days. That promise has not been fully met, although left-leaning politicians are working to advance protections.

On the other hand, partners within the coalition, including the Civil Coalition, argue that the CJEU rulings affect only same-sex couples and that many precedents will be needed.

In short, the outcome is still uncertain. The ruling coalition shows hesitation on LGBTQ+ issues, raising concerns that commitments may amount to little more than empty promises.

When Polish prime minister Donald Tusk was running for elections in 2023, where were LGBTQ+ rights in his agenda?