ART. 18. OF THE CONSTITUTION WITH REGARD TO THE POSSIBILITY OF INTRODUCING THE INSTITUTION OF SAME-SEX MARRIAGE IN POLAND

Abstract

The paper discusses the legal possibility of institutionalizing same-sex marriages in Poland and the support for such a solution among the public on the basis of surveys conducted by IPSOS, Eurobarometer, and the “Love Does Not Exclude” Association. The purpose of the article was to verify the hypothesis that the Polish Constitution, more specifically, Article 18. does not define the concept of marriage and gives the legislature the opportunity to institutionalize same-sex marriages without the need to change the highest legal act in Poland. The opinions of constitutionalists Prof. Ewa Łętowska, Prof. Jan Woleński and Prof. Andrzej Mączyński are cited. The article cites the jurisprudence of the European Court of Human Rights and the claim of the Helsinki Foundation for Human Rights, which indicate the need to regulate the status of non-heteronormative couples, since the current legal state in Poland is contrary to international law. Based on the analysis, it was proved that Article 18 of the Constitution does not prohibit the introduction of same-sex marriages, and the opinions of supporters of the hypothesis that Article 18 defines marriage as the union of a man and a woman are not supported by the facts in the legal state in Poland. It is possible to introduce same-sex marriage through amendments to the law, not the Constitution. Studies show that same-sex unions are no different from heteronormative unions, so institutionalizing the law would end discrimination against some 2 million non-heteronormative people and provide them with legal security.