The European Court of Human Rights (ECHR) has delivered a landmark ruling requiring Poland to legally recognize and protect same-sex unions, underscoring the country’s obligations as an EU member to ensure equal rights for all couples.
On April 24, the ECHR stated that Poland’s failure to recognize same-sex marriages—specifically those performed abroad—was a violation of individual rights and called on the government to legislate accordingly.
The case that led to the decision involved a same-sex couple living in Poland, one of whom was a Polish citizen. The individual filed the case, claiming discrimination due to Poland’s refusal to acknowledge their UK-based marriage.
This ruling isn’t the first time the ECHR has addressed Poland’s stance on same-sex couples. In 2023, the court ruled that Poland’s refusal to recognize same-sex unions breached Article 8 of the European Convention on Human Rights, which protects the right to private and family life. At the time, the court urged Poland to enact legal changes to ensure these couples’ rights are respected.
In response to the latest judgment, Polish Minister for Women’s Rights Katarzyna Kotula stressed the urgency of passing legislation on civil partnerships. A bill proposed by the ruling Civic Coalition (KO) and the Left parties aims to grant same-sex couples—along with other forms of civil partnerships—the ability to share a surname, file joint taxes, access each other’s medical records, inherit assets, and make funeral arrangements.
However, the bill faces strong opposition. The center-right Polish People’s Party (PSL) remains doubtful, and without their votes, the legislation stands little chance of passing. The conservative Law and Justice (PiS) party, along with the far-right Confederation party, have vehemently opposed the bill. They argue that Poland’s constitution defines marriage as a union between a man and a woman, a stance they insist was foundational to the country’s EU membership.
Michał Woś, former deputy justice minister under PiS, criticized the ECHR ruling, framing it as part of a broader attempt by “European elites” to impose values on Poland that clash with its national identity. He noted that marriage, as defined in Poland’s constitution, is a union between a man and a woman.
LGBT rights have been a highly contentious issue in Poland, particularly since the PiS government’s refusal to support civil partnerships. Some local PiS-controlled councils even passed resolutions opposing LGBT education, a move opponents decried as creating “LGBT-free zones.” These resolutions were later criticized by the European Commission and Parliament, with some local councils rescinding their decisions after facing EU sanctions and court rulings deeming their actions unlawful.
The last locality to withdraw such a resolution was the southeastern town of Łańcut, which reversed its stance on April 24.
