“Today I signed documents that launch the process of changing the templates of civil status records so that the state operates efficiently and equally toward all citizens,” announced Minister of Digital Affairs Krzysztof Gawkowski on Friday. The move concerns alignment with a ruling of the Court of Justice of the European Union, which imposes on Poland – contrary to the Constitution – the acceptance of same-sex marriages concluded in other EU countries.
At the end of November last year, it ruled that Member States are obliged to recognize marriages between people of the same sex concluded in other countries of the Community, even if national law – as in the case of Poland – defines marriage exclusively as a union between a woman and a man.
The starting point for this was the case of two men who married in Berlin and demanded the transcription of their marriage certificate in a Polish office.
The decision of the European body was immediately addressed by Minister of Justice Waldemar Żurek. He assessed that Poland would have to “somehow implement this ruling,” and that the current situation “is such a first step.” He also stated that couples may travel abroad en masse to formalize their relationships there.
“This may become a method and in some way also force the state to introduce such unions,” he announced.
He then announced that “it is possible to change the law on civil status records.” Today we see the first steps in this direction.
Gawkowski’s move
“Today I signed documents that launch the process of changing the templates of civil status records so that the state operates efficiently and equally toward all citizens. The regulation on templates of documents issued in the field of civil status registration will enable the transcription of foreign marriage certificates of same-sex couples concluded in other European Union countries and will allow systems and the marriage register to be technically prepared. The draft regulation is entering the government process today,” informed Deputy Prime Minister and Minister of Digital Affairs Krzysztof Gawkowski on platform X.
As the Left politician stated, “this is the right of citizens to equal treatment, regardless of sexual orientation. It is a matter of dignity, but also of the life stability of families that already exist.”
He stated outright that “Poland has an obligation to recognize same-sex marriages legally concluded in other EU countries.”
“This is a law that we must and want to apply – the CJEU ruling is clear,” he declared.
Continuation of pressure
It is worth emphasizing that the changes imposed by European institutions are directly contrary to the Polish Constitution. Many commentators point out that the aforementioned CJEU ruling is an attempt by the European Union to expand its competences.