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.