“The Constitution of the Republic of Poland clearly states – marriage is a union between a man and a woman. The parliamentary club of Law and Justice (PiS) will submit an application to the Constitutional Tribunal challenging the provision on the basis of which the Supreme Administrative Court issued such a ruling,” Mariusz Błaszczak, chairman of the Law and Justice (PiS) parliamentary club, announced during a press conference.
Today, the Supreme Administrative Court (NSA) issued a ruling obliging the civil registry office to enter into the Polish register a marriage certificate of a same-sex marriage concluded abroad.
The court decided to overturn the judgment of the Voivodeship Administrative Court in Warsaw, which had dismissed the couple’s complaint, and to annul the decision of the head of the Civil Registry Office of the Capital City of Warsaw refusing to carry out the transcription. It also ordered the head of that office to transcribe the marriage certificate into the civil status register within 30 days from the return of the administrative files. Law and Justice (PiS) will file an application with the Constitutional Tribunal.
During today’s press conference in the Sejm, the head of the Law and Justice (PiS) parliamentary club, Mariusz Błaszczak, pointed out that the ruling of the Supreme Administrative Court cannot be appealed to the Constitutional Tribunal, but the provision on the basis of which the NSA issued the ruling can be challenged.
“Under the rule of Donald Tusk, the legalization of same-sex marriages is taking place, but this is only the first step, because the next will be the adoption of children. This is a threat that until now was ridiculed. It is a very real threat. It is an attack on the family. The Constitution of the Republic of Poland clearly states – marriage is a union between a man and a woman. The parliamentary club of Law and Justice (PiS) will submit an application to the Constitutional Tribunal challenging the provision on the basis of which the Supreme Administrative Court issued such a ruling,” he said.
He added that the application in this case was prepared by Marcin Warchoł, a former deputy minister of justice. Warchoł admitted that “laws are not abstract, suspended in a vacuum.”
“They exist in concrete realities, and these concrete realities we unfortunately see today. It was the administrative court that gave these provisions such an unlawful content, a content that is unconstitutional, and it is this interpretation of the norm that we will challenge before the Constitutional Tribunal,” he added.
As the Law and Justice (PiS) MP assessed – “The Supreme Administrative Court issued an unlawful and unconstitutional ruling, imposing here solutions that are alien to the Polish Constitution and Polish legal culture. Poles have never agreed to same-sex marriages being equated with marriages referred to in Article 18 of the Constitution.”