Same-sex marriages in Poland: Did the courts break the Constitution?

In brief

The Supreme Administrative Court (NSA) has issued landmark rulings ordering Polish offices to recognize same-sex marriages contracted abroad.
The case of Jakub and Krzysztof (April 15, 2026) is the third high-profile ruling confirming that Polish offices cannot ignore foreign marriage certificates.
Warsaw Mayor Rafał Trzaskowski is actively supporting the changes, while smaller centers, such as Tarnów, are showing far-reaching legal caution.

Judicial offensive: Why are the NSA rulings changing Poland?

Polish administrative courts have de facto taken over the role of the legislator regarding the definition of family. A key moment was March 20, 2026, when the Supreme Administrative Court issued a ruling ordering Polish offices to recognize same-sex marriages contracted within the European Union. This ruling became the foundation upon which subsequent decisions across the country are based.

The mechanism is clear and consistent. LGBT couples who formalize their relationships abroad are increasingly successful in winning lawsuits for their recognition in Poland. Data from May 13, 2026, leaves no doubt – the series of won cases is not a coincidence, but a new line of jurisprudence. The courts are not waiting for a constitutional amendment, but are adapting the system to EU requirements themselves.

Article 18 of the Constitution explicitly defines marriage as a union of a woman and a man. However, judges effectively bypass this definition in cross-border cases. Civil Registry Offices, previously bound by a rigid interpretation of national regulations, must now comply with the rulings. This is a situation where law is shaped in the courtroom, not on Wiejska Street.

For some citizens, this is a long-awaited step toward equality, but for lawyers, it is a process that raises constitutional doubts. We are witnessing a creeping redefinition of the institution of marriage, carried out without parliamentary debate. The judicial offensive means that, in administrative practice, same-sex marriages are gaining a status that the legislator has not granted them. This is a fundamental systemic change occurring without changing the supreme law.

The precedent of Jakub and Krzysztof: Is EU law winning over the Constitution?

The case of Jakub and Krzysztof has become a symbol of the creeping legal change taking place not in parliament, but in courtrooms. On April 15, 2026, the third ruling was issued confirming that their marriage, contracted abroad, must be recognized in Poland. Judges consistently bypass the constitutional definition of marriage as a union of a woman and a man, applying the supremacy of EU regulations over the Polish supreme law.

The courts' argumentation is repetitive. It is based on the right of citizens to move freely within the European Union. In the opinion of the adjudicating panels, this imposes on the Polish state an obligation to respect the status of persons in same-sex couples, even if the Polish legal order does not explicitly provide for such unions. This is a situation where judicial interpretation becomes an actual tool of legislation.

For conservative lawyers, this is an alarm signal. We are dealing with a situation where the jurisprudence of the NSA and lower courts is de facto amending the Constitution without the participation of the legislator. Can the Polish state be sovereign if key social definitions are being rewritten by judges based on an EU interpretation of law? The answer to this question goes beyond the courtroom, touching the systemic foundations of the country. Since the courts are not waiting for changes in the law, every subsequent case for the recognition of a marriage contracted abroad becomes another step toward full, albeit informal, legalization, carried out without parliamentary debate.

Political impasse: Trzaskowski versus conservative local governments

On April 21, 2026, Rafał Trzaskowski announced a new declaration regarding same-sex marriages. It is a clear signal: Warsaw does not intend to wait for the Sejm's move. The capital wants to be a testing ground for changes that are already happening in practice in courtrooms. Judges – including those adjudicating in the Supreme Administrative Court – are issuing rulings ordering the recognition of marriages contracted in European Union countries. As a result, without a single amendment to the supreme law, the definition of marriage as a union of a woman and a man is becoming a fiction in jurisprudence.

However, the Polish administration is not a monolith. In the provinces, there is decision-making paralysis caused by fear of a political storm and the violation of constitutional norms. Officials fear legal consequences, which, in the interpretation of conservative local government officials, could be considered an abuse of power. The rift between liberal metropolises and the rest of the country is deepening with every subsequent ruling.

This is clearly visible in the pace of implementing changes in the field. We are dealing with two different legal orders in one country:

Tarnów (May 20, 2026) – local officials openly admit that they are still waiting for the first applications, fearing legal controversies and a lack of clear guidelines.
The courts, by issuing subsequent rulings favorable to LGBT couples, are becoming an actual tool for introducing legal changes, bypassing parliamentary impotence.

This is a dangerous precedent. The court should not replace the legislator, and yet it does. As long as the political impasse lasts, it is the judge – not the MP – who decides on the shape of the Polish family, ignoring constitutional resistance.

Constitutional trap: What is more important?

Article 18 of the Constitution of the Republic of Poland is clear and leaves no room for interpretation: marriage is a union of a woman and a man. Despite this, the jurisprudence of administrative courts in Poland has begun to play the role of a hidden legislator. Judges, including those adjudicating in the Supreme Administrative Court, are increasingly ignoring this definition, issuing rulings ordering the recognition of same-sex marriages contracted in other EU countries. This is not an isolated case. In April 2026, we learned of the third ruling concerning a couple who entered into a union in Germany, and the court forced its recognition in Polish civil registry records.

Through such decisions, the law becomes a fait accompli without the participation of parliament. The situation resembles a creeping change of the system, where a court ruling replaces an amendment to the supreme law. Officials in cities such as Warsaw or Tarnów, although formally subject to Polish law, face a dilemma: follow court rulings or stick to the letter of the constitution. The Mayor of Warsaw has already signaled favor toward such changes, which only fuels the legal conflict.

A poll from May 3, 2026, exposed a deep rift between social moods and the prevailing legal order. The study indicates huge changes in Poles' attitudes that have outpaced legislation. The courts have clearly decided that since politicians are afraid to touch the constitution, they will do it for them in the courtrooms. This is a dangerous precedent. The question of whether law made by judges takes precedence over the constitutional definition of family is becoming the most important dispute about the shape of the state this year.

What this means for you

The editorial staff notes that we are dealing with so-called 'judicial activism'. Same-sex couples, who gain legal protection, benefit, while conservative voters who see this as an evasion of the Constitution lose. The catch is that the law is being changed by rulings, not by parliamentary acts.

Questions and answers

Is my marriage contracted in Germany automatically valid in Poland?

Not automatically, but judicial jurisprudence (e.g., NSA rulings from 2026) indicates that Polish offices have an obligation to recognize such status after a court ruling.

Does the Constitution of the Republic of Poland prohibit such marriages?

Yes, Article 18 of the Constitution defines marriage as a union of a woman and a man, which is the main point of legal dispute with the jurisprudence of administrative courts.

Can an official in Tarnów refuse to recognize such a union?

Officials are obliged to act within the limits of the law, and in the face of conflicting interpretations (Constitution vs. court rulings), they often refer cases to the court path.