First positive development after the election in Poland

The Polish Supreme Court referred the unrecognised marriage application of two gay men who got married in Germany to the Court of Justice of the European Union.

The Polish Supreme Court took the first legal step after the anti-LGBTI+ right-wing party lost its majority in the general elections on October 15.

The highest administrative court in the country appealed to the Court of Justice of the European Union (CJEU) to recognise equal marriages in other European countries in Poland.

The case was filed by two gay men, one a Polish citizen and the other a dual Polish-German citizen, who got married in Berlin. The couple, who applied for their marriage to be recognised in Poland, was rejected first by the civil registry office and then by Article 18 of the Polish Constitution. This article defines marriage as only possible between a man and a woman.