Same-sex union law gives Poland’s Donald Tusk headaches

2 months ago 7

A draft bill prepared by the Left – part of the ruling coalition – introducing civil unions, including same-sex, in Poland has divided the ruling coalition led by Prime Minister Donald Tusk, although the EU Court for Human Rights has obliged Warsaw to change the existing law.

Poland is one of the five EU countries, including Bulgaria, Romania, Lithuania and Slovakia, that still does not allow same-sex couples to register their relationship. This could change with the draft law by the Left (S&D), one of the ruling parties.

Under the draft, persons in civil unions would have the right to a joint surname, similar rights in tax offices to married couples, a right to obtain through partner’s medical information and visit the partner in hospital, and a right to succeed, among other things. Also, a person could take over care of the partner’s children in case of death, for instance.

The agrarian Polish People’s Party (PSL, EPP) also a coalition member and known for rather conservative views, opposed some elements of the draft.

Władysław Kosiniak-Kamysz, PSL leader and defence minister, announced his party would not approve the right to care for the partner’s children, while the right to succeed and medical information must be discussed.

The ECHR ruling

Some NGOs, including the Campaign Against Homophobia (KPH), appealed to PSL to support the law as proposed by its coalition partner. They cited December’s ruling by the European Court of Human Rights, which obliged Poland to change the existing law.

The same ruling was cited by the Polish Ombudsman, Marcin Wiącek, who warned that should the civil union law is not adopted, it would violate the European Convention of Human Rights.

“The very consistent case law of the European Court of Human Rights, and the December’s ruling, shows that it is the state’s duty to institutionalise same-sex unions,” Wiącek told the private TVN24 broadcaster.

The ECHR’s ruling was delivered in a case of five Polish same-sex couples that demanded a right to register their unions. The Court ruled that Poland has infringed the European Convention of Human Rights and is obliged to ensure legal protection of same-sex couples.

“If we have the opportunity to introduce some version of civil partnerships into Polish law, I think it is worth trying,” said Katarzyna Kotula, minister for equality (Left, S&D).

She added that she decided, together with Prime Minister Donald Tusk, that the civil union draft would be submitted to the parliament by the whole government, not just the Left.

An undecided Confederation lawmaker

The Left said last year that it wants “full marriage equality and civil unions.” It was already in 2020 that the party proposed a draft introducing same-sex marriages.

Tusk’s Civic Coalition (KO, EPP) stated last December that it was “high time” the government proposed a civil union draft.

However, Tusk, who identifies as Catholic, was hesitant to speak about same-sex marriages during last year’s election campaign.

Centrist Poland 2050 (Renew), PSL’s partner in the Third Way alliance, will support the civil union draft, as announced by the party’s leader and parliamentary speaker, former Catholic activist Szymon Hołownia. Hołownia said he would discuss the contentious issues about the proposed law with PSL.

Michał Połuboczek, far-right Confederation MP, made a surprising statement last week, saying that he would support civil partnerships in Poland if it helped reduce bureaucracy in the country.

Moreover, he pointed out that most civil unions would concern heterosexual couples.

“It would make life easier for the couples that do not want to get married. Why not give them such a possibility?” he wondered.

However, later, he backed down, apparently after he received pressure from his party, Euractiv understands.

“Most issues, like the access to medical information, can be legally solved in many other ways, without introducing civil unions,” Confederation co-leader, deputy parliamentary speaker Krzysztof Bosak told Euractiv Poland earlier this year.

(Aleksandra Krzysztoszek | Euractiv.pl)