Defending Poland’s Fundamental Law and the Constitutional Definition of Marriage

Legal - August 2, 2026

Despite growing pressure from the liberal-progressive camp, Poland’s Constitutional Tribunal recently issued a decision that should be viewed with great admiration. The July 28 ruling by the constitutional judges, rejecting the registration in the Polish civil registry of same-sex marriages contracted in other EU states, is truly historic – and highly encouraging for conservatives and constitutionalists alike. Regardless of personal views or ideology, the Polish Constitution leaves no room for ambiguous interpretation. Marriage is exclusively “the union between a man and a woman,” a definition that should be enshrined in the fundamental law of every EU country.

Specifically, following the unanimous decision of the constitutional judges, the Polish state will not issue certified copies for unions other than marriages – concluded outside Poland’s borders. In its reasoning, the Constitutional Tribunal explained that the regulation issued by the Ministry of Digital Affairs – which would have allowed the formal registration of gay unions concluded abroad – is “incompatible” with constitutional provisions, and its entry into force would violate the Polish fundamental law. According to Article 18 of the Constitution, “marriage, being a union of a man and a woman, as well as the family, motherhood, and parenthood, shall be placed under the protection and care of the Republic of Poland.” Under the Polish constitutional framework, marriage exists strictly between a man and a woman, and this union is protected by the state. There is nothing open to interpretation; the Constitutional Tribunal’s decision was well-founded and just, even though the progressive far-left is striving to “normalize” these anomalies.

The Constitutional Tribunal’s ruling came at the end of a complicated period that began in late November 2025, when the Court of Justice of the European Union ruled that all European Union states must recognize “same-sex marriages” that were concluded in another member state. At the time, this CJEU decision was interpreted as targeting Poland itself, due to the this state’s refusal to register the “marriage” certificate of two Polish men who had formalized their relationship in Germany and subsequently moved to Poland.

Following the ruling by the EU’s highest court, that forced member states to recognize “same-sex marriages” officially registered in another EU country, this year in March, Poland’s Supreme Administrative Court decided that a gay “marriage” does not conflict with Polish national identity and is therefore acceptable. Subsequently, the centrist-progressive Tusk government adopted legislation that was supposed to take effect at the end of August. However, in early June, a group of conservative lawmakers from the former ruling party, Law and Justice, appealed to the Constitutional Tribunal, whose 28 July ruling – a binding one – sent some shock waves far beyond Poland’s borders.

Two weeks ago, the President of the Republic, Karol Nawrocki, exercised his veto power to block another government bill that would have granted unmarried couples – obviously intended to apply to same-sex couples – certain rights and benefits reserved exclusively for married individuals. “As the guardian of the Constitution, I cannot accept a solution that would erode the special status of marriage,” President Nawrocki stated at the time. And he stopped the nonsense, just as he promised he would do.

Extremely powerful forces are making enormous efforts to undermine Christian values and erode the great institution of marriage – this sacred union between a man and a woman. President Karol Nawrocki’s firm and uncompromising stance and the Constitutional Tribunal’s historic decision are proof that Poland remains a stronghold and   article 18 of the Polish Constitution acts as a shield.

But the war is far from being won. The progressives might have lost a battle – a very important one, indeed – but their assaults will continue, because they will not give up on imposing their poisonous ideology. Whatever it takes.