Jarosław Jagura: Officials Should Recognize Same-Sex Marriages

Poland's Constitutional Tribunal has declared that transcribing foreign same-sex marriage certificates is unconstitutional. The court, through Judge Stanisław Piotrowicz, stated that such transcription could only apply to marriages conforming to the constitutional principle of heterosexuality, meaning a union between a woman and a man. This decision directly challenges the legal recognition of same-sex partnerships established in other countries.

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The act of transcribing a foreign marriage certificate can only concern a marriage that corresponds to the constitutional principle of heterosexuality – that is, the marriage of a woman and a man.

Jarosław Jagura, an expert quoted in the article, argues that the tribunal's reasoning disregards significant European legal standards. He points to rulings from the ECJ and ECHR that mandate the recognition of same-sex marriages performed within EU member states. Jagura emphasizes that international agreements and EU law, which are superior to national legislation, already provide a basis for transcribing these marriages without needing new government decrees.

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Contrary to what the Constitutional Tribunal claims through Judge Stanisław Piotrowicz, it is not the case that the constitution excludes the recognition and protection of other relationships than heterosexual marriage.

Jagura suggests that the situation creates a risk of chaos for same-sex couples in Poland. He believes that registry offices might refuse transcriptions based on the tribunal's ruling, despite existing international and EU legal obligations. He urges registry office heads to prioritize EU law and ignore the Constitutional Tribunal's decision, especially given concerns about the tribunal's current independence and impartiality. The expert maintains that transcription is possible even with existing forms, relying on international and EU law.

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The reasoning of the Constitutional Tribunal rejects the entire body of European standards contained in the case law of the Tribunals in Strasbourg and Luxembourg.