Domestic
22:38 4 November 2022
Post by: WBJ

The Polish constitution does not prohibit same-sex marriages

The Polish constitution does not prohibit same-sex marriages
Source: Photo by Alexander Grey on Unsplash

Jakub Kwiecinski and Dawid Mycak have been fighting for five years to legalize in Poland their marriage concluded in Spain. The Mazovian Governor refused to issue them with a Polish marriage certificate and the administrative courts have not challenged his decision. At the same time, however, the Supreme Administrative Court, in a just-published justification to the judgment, in this case, admitted that the Polish constitution does not prohibit homosexual marriages.

This is a novelty. Indeed, years ago the Constitutional Tribunal, and later the Supreme Court, indicated that the constitution does not allow for same-sex marriage.

The court indicated that the constitution only extends special protection to the union of a man and a woman. The Sejm could therefore pass a law allowing homosexual marriage. As long as it does not exist, the union of Jakub and Dawid cannot be registered in Poland. 

(Business Insider

poland
nsa
same-sex marriages

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