Jarosław Sellin declared that a future Law and Justice government would mandate state institutions to disregard same-sex marriage transcriptions, citing a constitutional definition of marriage as a union between a man and a woman.
Sellin’s Stance on Constitutional Marriage
Jarosław Sellin argued that the Polish Constitution, adopted in 1997 via national referendum, explicitly defines marriage as a union between a man and a woman. He stated that if his party returns to power after the 2027 elections, they will demand that state bodies, specifically Civil Registry Offices, act in accordance with this interpretation of the law.
Addressing the Supreme Administrative Court (NSA) ruling that allowed the transcription of a same-sex marriage certificate, Sellin claimed the court “erred” by misinterpreting the constitution. He insisted that the state must adhere to the constitutional definition and Constitutional Tribunal rulings rather than the NSA’s decision.
Legislative Gaps and Legal Uncertainty
Magdalena Biejat of The Left attributed the current legal uncertainty to the lack of a systemic law regulating same-sex relationships. She argued that without such legislation, individual couples are forced to seek rights through court battles, further complicating the legal landscape.
Biejat noted that the Court of Justice of the European Union (CJEU) ruling underscores that failing to transcribe these certificates violates the EU right to free movement and residence. She maintained that without domestic legislation, the state will continue to face institutional chaos.
The Role of Local Authorities
Jakub Banaszek, the mayor of Chełm, stated that he does not influence the decisions made by the head of his local Civil Registry Office. He emphasized that the NSA ruling pertained to a specific case and does not carry broad legal consequences, labeling it a mere administrative documentation act.
Banaszek argued that public debate often conflates administrative, civil, and constitutional law. He maintained that any changes to the legal status of same-sex couples should be enacted through formal legislation rather than by interpreting individual court rulings.
Konfederacja’s Stance on Constitutional Reform
Anna Bryłka from Konfederacja firmly opposed the recognition of same-sex marriages in Poland. She stated that any attempt to redefine civil marriage would necessitate an amendment to the Polish Constitution, adding that she would take no action to adjust the legal status of same-sex couples living in the country.