Poland will respect the recent ruling by the Court of Justice of the European Union (CJEU), which granted same-sex married couples recognition across the bloc, but will do so “in accordance with Polish law,” Prime Minister Donald Tusk said on November 26.

The issue of same-sex marriages has long been subject to stiff opposition from conservatives in Poland, claiming it is an attack on traditional knot-tying and family values. Poland does not recognise same-sex marriages, but, in line with the CJEU ruling from November 25, it will now have to recognise those established in other EU member states.

Tusk, whose political future might depend on not alienating the conservative voters, is treading carefully on the issue despite polls suggesting the public opinion is mostly in favour of recognising of same-sex marriages. The prime minister rushed in this week to assure that “the European Union will not impose anything on us.”

“We are working on our own legislation that will regulate these matters in the way that most Poles, through a parliamentary majority, deem appropriate,” Tusk said on November 26.

“There is nothing here that can be imposed on Poland, because this ruling does not introduce an obligation to create same-sex marriage in Poland. Matters of marriage law remain the exclusive competence of EU member states,” government spokesman Adam Szłapka said on the same day.

The CJEU case concerned Jakub and Mateusz, a Polish couple who married in Berlin in 2018, who were refused entry in the Polish civil registry after moving to Poland.

The CJEU held that refusing to recognise the marriage violated EU rules on freedom of movement and the right to family life.

“The ruling is groundbreaking from the perspective of EU law and its application in Central and Eastern Europe,” said attorney Artur Kula, one of the legal representatives of the Polish couple, referring to the fact that only CEE countries - Poland, Slovakia, Bulgaria, and Romania - do not recognise same-sex marriages in the EU.

“It is unacceptable for the marital status of spouses to differ between EU member states. Therefore, if a given country does not regulate the status of same-sex unions in any way, it is nonetheless obliged to recognise a marriage certificate issued in another member state,” Kula also said.

Tusk, however, hinted that recognition in line with the CJEU’s fresh ruling, may not come easily on his watch.

“We will, of course, respect the judgments of European courts in this matter. They [judgments] concern those who live in other European states. When they come to Poland, we will have to—and will want to—treat them with full respect, but also in accordance with Polish law,” Tusk said. 

The Tusk government in October tabled a draft law on the status of a “closest person,” intended to regulate alimony, access to medical information, joint tax filing and other rights for same-sex couples. It is not clear when the parliament will pass it - if at all ahead of the next general election in 2027.

Poland’s nationalist President Karol Nawrocki is expected to block any legislation considered the traditional marriage, he has long said. 

LGBT+ rights organisation Love Does Not Exclude (MNW) said that after the CJEU ruling, the issue of recognising same-sex marriages established elsewhere in the EU should be a simple formality now.

“The transcription of foreign documents is an administrative matter, and from a legal standpoint, civil registry offices can already carry it out by relying on the CJEU ruling,” MNW said.

According to the organisation, all it takes is changing setting of IT systems run by civil registry offices and updating the template of the marriage certificate issued to married couples.

“These changes fall within the remit of the ministers for digital affairs and administration and do not require approval from parliament or the president,” MNW said.