Today decision The ultimate Administrative Court concerning the designation of abroad alleged "single-sex marriage" caused serious systemic conflict in Poland. The court abrogated earlier decisions and obliged the civilian position office to enter 2 Polish sodomites, included in the registry of marriages, in Germany. In practice this means recognising the legal effects of specified a relation on the basis of the Polish administrative system, contrary to the Constitution, which recognises matrimony only as a union between a female and a man.
The NSA ignores the Polish constitution and legalizes the Sodomitic Union in Poland. This is an example of a dangerous precedent in which a court enters the competence of a legislator and indirectly changes the applicable legal order. The core of the dispute is the explanation of Article 18 of the Polish Constitution, which states that matrimony is simply a union between a female and a man. This provision has been understood over the years as the foundation of the protection of the conventional model of matrimony and a regulation for the legislator on the redefinition of this institution.
Critics of the NSA judgement indicate that designation of a abroad sodomite matrimony – even through alleged transcription – leads to circumvention of this standard. In their opinion, the court not only interpreted the law, but actually extended it, introducing legal effects which Polish government does not explicitly provide.
However, supporters of a different position argue that Article 18 does not prohibit the designation of another forms of relationship, but only provides peculiar protection for average marriage. In this perspective, the NSA decision does not change the definition of matrimony in Poland, but only concerns designation of the legal position arising abroad.
It is impossible to analyse this issue in isolation from the European context. In 2025 the Court of Justice of the European Union ruled that associate States, including Poland, have a work to recognise single-sex marriages concluded legally in another EU countries. This judgement is based on the principles of freedom of movement and the right to household life. Importantly, the TEU has made it clear that this work does not require specified marriages to be brought into national law.
It is in this area that the most controversy arises. Critics argue that the national courts under control of the utmost left Tuska and Żurka can gradually change the legal order without the participation of parliament and with violation of the Constitution. In this way, the NSA ruling is part of a broader discussion on the function of courts in the regulation of law. Should the courts only apply the government passed by Parliament, or should they actively interpret it in the light of changing global realities and obligations? Where is the Polish decision-making centre? Warsaw or Brussels?
“Two homosexuals ARE NOT married and will never be. Nor does he have the right to anticipate treatment like marriage” – Kaja Godek commented well on the case.
Two homosexuals ARE NOT married and will never be. He besides has no right to anticipate treatment like marriage.
NSA has just considered the Constitution of Poland an optional reading.
He besides trampled on natural law and common sense – and this preludes widespread terror... pic.twitter.com/c84bhXHjew
— Kaja Godek (@GodekKajaU) March 20, 2026
In the present case, the opponents of the court's decision claim that the powers and balance of authorities have been breached. In their opinion, specified crucial issues as the position of matrimony should be resolved through a legislative process, not through jurisprudence, in addition to the Polish way of establishing law.
The designation of abroad deviating marriages shows how deep tensions can arise at the interface of national law, constitution and global obligations. The key question remains open: where is the boundary between the explanation of the law and its actual change. The answer will be applicable not only for this peculiar case, but besides for the future form of the Polish legal strategy and relations with the law of Eurokołchozu.
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