Though the ruling was handed down in July, it’s come to the spotlight only recently when two LGBT activists, Jakub Kwieciński and Dawid Mycek, commented on the verdict through their social media.
In 2018, they appealed a decision upheld by various authorities who refused to recognise the marriage they entered into in Portugal.
Initially, they were denied a possibility to transcribe their marriage certificate, and now the NSA rejected their complaint, but the court seemingly left some wiggle room for future legislation.
In its verdict, the NSA referred to Article 18 of the Polish Constitution that provides that “marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.”
The high court stated that “this provision does not rule out a possibility of legislation on same-sex unions, but it emphasises the special protection of marriage as a union between man and woman.”
It added that “the article in question does not prohibit any statutory regulations with regard to same-sex unions.”
Commenting on the ruling, the couple wrote on Facebook: “These are historic words debunking the myth reiterated by the right-wing for years. Today the court has ultimately dealt with this lie.”
Jakub Kwieciński and Dawid Mycek rose to fame after handing rainbow face masks, appearing in a banned condom commercial and featuring in a BBC report on LGBT rights in Poland.
In response to the verdict, ultra-conservative Polish Catholic legal think-tank Ordo Iuris branded the claims as “fake news,” stressing that the NSA dismissed the couple’s cassation appeal.
(pjm)
Source: Rzeczpospolita