For the first time, a homosexual couple “married” civilly abroad has had their union recognized by the Supreme Administrative Court, a decision which could contribute to changing the legislation in a country which has so far resisted legalization of “marriage for all.”
Catholic Poland, attached to traditional values, has been wavering since the court decision of November 3, 2022.
But let's go back to the story from the beginning: Jakub and Dawid entered into a civil union in Madeira in 2017. For five years, the two activists have been trying to have their “marriage” recognized in a Poland which has so far refused to legalize same-sex unions.
In 2018, the civil registry of Warsaw refused the steps taken by the two men who then turned to the justice system. After losing at first instance, the Supreme Administrative Court finally decided to grant their request, relying on a legal void existing in the text of the Polish Constitution itself.
The latter indeed stipulates in article 18 that “the Republic of Poland safeguards and protects marriage as a union of woman and man, the family, motherhood and the quality of parents.”
According to the magistrates who judged the case, there would not be an explicit and formal prohibition to regulate and give a legal framework to homosexual relations.
The judgment of the Supreme Administrative Court was welcomed by the LGBT community, which sees there an opportunity to advance its cause, by encouraging many “couples” to go to neighboring Germany, where “marriage for all” has been legal since October 1, 2017. Ultimately, the goal is to make the Polish state bend by pushing it to legalize same-sex unions.
But the progressives’ fight is still far from being won: since 2019, around a hundred local authorities have formed “stop LGBT” zones, within which the propaganda of homosexual lobbies is banned, and the promotion of traditional family takes place.
These zones are now in the crosshairs of a European Union which is intensifying its pressure on the Polish government to close them.
There will therefore be no other solution for the defenders of the natural order than either to obtain a clarification of the constitution, to prevent those who despise marriage from rushing into the breach, or to witness the implementation of “marriage for all” coming from abroad.