Same-Sex Marriages Aren’t Forbidden In Poland Thanks To Court Ruling

The Supreme Administrative Court of Poland has recently ruled that same-sex Polish citizens who were married in other countries could potentially have their union recognised.

Brought forth by LGBTQ activists and vloggers Jakub Kwieciński and Dawid Mycek, who were married in Portugal. After the governor of the Polish province of Mazovia refused to recognise their marriage, the case was then litigated in the lower courts.

The pair filed a lawsuit five years ago and have continuously fought for their marriage to be acknowledged since.

After the ruling was heard, the pair tweeted in joy, calling it a “historical ruling” that “debunks the myth that has been repeated by the right for years”.

Naczelny Sąd Administracyjny na naszej rozprawie ostatecznie stwierdził, że Konstytucja RP nie zabrania małżeństw jednopłciowych. To znaczy, że @ZiobroPL, @CzarnekP i inni przez lata mówili w tym temacie nieprawdę. Dziś mamy to na piśmie. pic.twitter.com/rw1YZnq5rf

— Jakub & Dawid (@JakubiDawid) November 3, 2022

“The Supreme Administrative Court finally stated at our hearing that the Constitution of the Republic of Poland does not prohibit same-sex marriage,” Kwieciński and Mycek tweeted.

Article 18

The particular part of the Polish constitution that was the focus point was Article 18, which states “Marriage, as a union of a man and a woman, family, motherhood, and parenthood are under the protection and care of the Republic of Poland.”

“Article 18 of the constitution cannot in itself constitute an obstacle to transcribing a foreign marriage certificate if the institution of marriage as a union of persons of the same sex was provided for in the domestic [legal] order,” the court ruled, as reported by Los Angeles Blade.

Opponents Call It “Fake News”

Those against same-sex marriage have argued that the article defines marriage as being exclusively between a man and a woman. Anti-LGBTQ organisation Ordo Iuris has denounced the ruling as “fake news.”

“The NSA dismissed [Kwieciński and Mycek’s] appeal… It recognized the legitimacy of refusing to enter a same-sex marriage certificate drawn up abroad into the [Polish state] register of marriages,” Ordo Iuris tweeted.