The key judgement of the EUSEU and a step towards marital equality. Love Is Not Excluded to invitation you to a conference.

We know the date of publication of the key judgement of the Court of Justice of the European Union. On November 25, the TEU will decide whether Poland is obliged to transcribe matrimony certificates for same-sex couples who have married abroad. This is the first judgement of the European Union court to discriminate against LGBT+ people and their families and an crucial step on the way to matrimony equality.

The Love Association No exception invites you to a press conference to be held on the day of the verdict. We will inform you about the details later.

Marriages in 16 European Union countries, abroad people in Poland

We anticipate a ruling in accordance with the opinion of the Advocate General of the TEU Richard de la Tour published in April — requiring Poland to execute transcriptions. Until now, civilian position offices have rejected applications for transcription of Polish couples who have married civilian abroad. The judgement is simply a consequence to an absurd situation where people considered to be household in most EU countries become strangers to each another after crossing the national border.

Karol Nawrocki's presidency blocks the anticipation of a statutory change that LGBT+ people request to guarantee the safety and dignity of their families. It is different with ministerial regulations, decisions of officials and judgments of courts that do not require the President's approval. Implementation of the judgement and the anticipation of transcription is so the work of the government.

Poland's implementation of the Court's judgement is an administrative issue, but in the political context it is about the regulation of law and Poland's place in the European Union, especially with respect to common values specified as respect for the fundamental rights of all human and all family," he says. Hubert Sobecki of the Love Association does not regulation out. Donald Tusk's government came to power, defending the regulation of law, the EU institutions and global law. If he fails to implement the TEU judgement now, he will act like a PiS government that recognized courts only erstwhile they were politically useful and ruled according to the organization line.

An crucial step forward regardless of legal effects in Poland

It is not known whether the TEU will decide that the transcriptions of matrimony acts concluded abroad must have legal effects in Poland. However, there will be an open way of seeking judicial designation of individual rights of marriage.

The judgement of the TEU and its consequences will show that it is simply a substance of time to introduce equality in marriage. The longer politicians hold this, the longer the list of decisions indicating the request to change the law, including in Polish courts of higher courts — Says Maja Heban of the Love Association.

In Poland there are no shortages of couples of the same sex who are ready to fight for their rights in courts. We will aid them and we will present concrete action plans at the press conference on the day of the judgment.

Despite expanding public support for granting couples of the same sex the right to civilian matrimony (in 2024, 50% of support according to the United Surveys poll for RMF FM and diary of the Legal Gazette, 51% of support according to the IPSOS survey for More In Common Poland), the Polish authorities are designing solutions that are expected to be as far distant from marital equality as possible. They willingly mention the constitution as an alleged obstacle, but do not explain how allowing couples of the same sex to marry would reduce the protection of matrimony between women and men,

Meanwhile, Polish couples of the same sex, including those raising children together, have been asking for safety and dignity for themselves and their families in global courts for years. The ruling of the TEU can transfer these battles to the Polish justice system.

Marriage equality is presently in force in 38 countries, including 16 countries of the European Union. For comparison, partnerships, as an intermediate institution, are only valid present in 6 EU countries.