European Union
Poland’s highest court rules same-sex marriages are not banned
Ruling issued on Nov. 3
The Supreme Administrative Court of the Republic of Poland (Naczelny Sąd Administracyjny, NSA) issued a ruling on Nov. 3 that same-sex marriages of Polish citizens legally married in other countries were not expressly forbidden under the country’s constitution.
Article 18 of the constitution 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.
“The provision of the constitution in question does not prohibit the statutory regulation of same-sex unions,” said the court, adding that it was simply the case that “at present the Polish legislature has not decided to introduce such solutions” into Polish law.
The suit had been brought by Jakub Kwieciński and Dawid Mycek, a gay couple who are popular vloggers and social media celebrities who had legally married in Portugal. The case was litigated in the lower courts after the governor of the Polish province of Mazovia refused to acknowledge that their nuptials were legal.
Ordo Iuris, a Polish ultraconservative legal group that has campaigned against what it labels “LGBT ideology,” tweeted that the decision was “fake news.”
LGBTQ rights have become a hotly contested issue in Poland in recent years that has been met by a conservative backlash in this heavily Catholic nation.
The majority of Polish people support LGBTQ rights surrounding marriage and family, according to research by Miłość Nie Wyklucza (Love Does Not Exclude.)
The survey found 56 percent of respondents believe same-sex marriage should be legal to ensure the safety of their children. Even more, 65 percent, said they felt “a biological parent raising a child with a same-sex partner” fits the definition of family. And 58 percent of people said a same-sex couple is a family even without children.
According to Polish newspaper Gazeta Wyborcza, Poland is one of only six EU member states where same-sex couples cannot marry or register a civil partnership.
The survey reveals a stark difference between the Polish government and public opinion on LGBTQ rights.
As a result of anti-LGBTQ rhetoric, and the continued limits on LGBTQ rights in Poland, the country has for the last three years been ranked as the worst in the EU for LGBTQ people by ILGA-Europe, a Brussels-based NGO.
Poland has also drawn condemnations from the EU for its discriminatory laws surrounding LGBTQ people.
In September, the European Commission threatened to withhold pandemic relief funds, totaling over 126 million euros ($150 million,) in Polish jurisdictions that passed measures forming “LGBTQ Free Zones.”
Some regions have since repealed the anti-LGBTQ resolution.
In 2020, Poland narrowly re-elected President Andrzej Duda, who ran a campaign that regularly attacked the LGBTQ community, according to Pink News.
Polish LGBTQ advocates are also pushing back against a proposed law that would ban the so-called “promotion” of LGBTQ lifestyles. It would also make Pride parades illegal.
European Union
Poland’s top court rejects recognition of same-sex marriages from other EU countries
Ruling sets up potential clash with bloc
Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.
The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.
The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.
The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.
The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.
European Union
European Commission says all EU countries should ban conversion therapy
Recommendation ‘an important step forward for LGBTI rights across Europe’
The European Commission on Wednesday said all European Union countries should ban so-called conversion therapy.
The recommendation comes weeks after the European Parliament voted in favor of prohibiting the widely discredited practice across the EU. More than 1.2 million people signed a campaign in support of the ban that ACT (Against Conversion Therapy) LGBT launched in 2024 through the EU’s European Citizens Initiative framework.
“We warmly welcome today’s commitment from the European Commission to a recommendation on ending conversion practices, an important step forward for LGBTI rights across Europe,” said ILGA Europe in a statement.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
ILGA Europe said the European Commission’s recommendation “highlights how much work remains to be done.”
“Ending conversion practices cannot stop at symbolic commitments or fragmented national approaches,” stressed the advocacy group. “We need coordinated EU action, proper training for professionals, and survivor-centered support systems that recognize the serious harm these practices cause.”
“More than one million people supported the European Citizens’ Initiative calling for change,” added ILGA Europe. “The message is clear: conversion practices are not therapy or belief, they are a form of violence that Europe can and should end.”
European Union
European Parliament backs EU-wide conversion therapy ban
More than 1.2 million people backed campaign
The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.
ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.
The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
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