Not all equal in the eyes of God

"I think our stand will give some people hope because there are a lot of gay Poles who are not afraid of the church."

In a country where almost 100% of the population is catholic, Robert Biedroń says taking on the church in a court of law is "like starting a war."

But that's what Biedroń, a gay activist, and his colleagues at the gay lobby organization, Campaign Against Homophobia (KPH), are preparing to do.

Almost two months ago, KPH lodged a statement with Warsaw's regional prosecutor's office. The statement alleged that Bishop Tadeusz Pieronek made discriminating remarks against homosexuals in an interview published in national daily Gazeta Wyborcza on Sept. 22.

When asked by the newspaper's reporter if "an overt homosexual can be a teacher," Pieronek replied: "It's more or less like an infectious disease. Nobody would normally discriminate against (homosexual) people, but they would demand some barriers; some basic isolation for safety. I think an overt homosexual teacher doesn't fulfill the basic criteria to have that kind of job. It's not about work prohibition, but about not being allowed to do some jobs because of a lack of competence."

Late Thursday, KPH heard back from the prosecutor that, while they don't have a civil case, under Poland's criminal code Pieronek's statement could "be optionally treated as a crime," but it is something KPH will have to pursue privately through the court system.

One problem KPH faces is that while discrimination in Poland is illegal, there is no specific law that says discriminating against a person because of their sexual orientation is a crime. It is not mentioned in the country's criminal code, nor in the Constitution (the clause was omitted after lobbying from many elements, including the Catholic Church).

The bishop was unavailable to answer any questions from the Business Journal and Biedroń, a member of the ruling Democratic Left Alliance (SLD) party, said KPH is weighing its options. But he hopes they will have their day in court and as far as Biedroń knows, it will be the first time a gay organization has taken on the Catholic Church in Poland.

"For once we have to stop these types of comments and I hope we can do it with this case," said Biedroń, 25, who works in advertising when he isn't fighting homophobia. "Even if we lose, we will show gay people that they should not be afraid to fight for their rights. They don't have to accept discrimination from the courts."

KPH has a team of lawyers ready, and pledges for funding from supporters. But what if they can't get satisfaction through the legal system?

"Then we'll take it further," Biedroń said. "We'll go to the United Nation's commission on human rights if we have to because these types of comments must stop … We want to say to these people that there are gay people living in Poland and we don't agree with what you are saying."

Biedroń believes Poland could find further gay battles ahead because within three years of joining the European Union (EU), all new member states are required to introduce legislation banning discrimination in employment on the grounds of sexual orientation. But Biedroń is pragmatic about just how effective the KPH case will be in changing attitudes in Poland - both in the straight and homosexual communities.

"I think our stand will give some people hope because there are a lot of gay Poles who are not afraid of the church," he said. "But on the other hand, most gay Poles are also very catholic … they might think we are radicals."

Celia Barnes