Nawrocki to veto Polish same-sex couples rights bill
Poland's President Karol Nawrocki will veto legislation granting same-sex couples partnership rights, calling it an unconstitutional alternative to marriage between a man and a woman.
The Polish parliament voted on May 29 in favor of a government-sponsored bill allowing unmarried same-sex couples to sign notarized contracts granting them a range of legal rights currently reserved for married heterosexual couples, according to Brussels Signal. These rights include joint property and tax arrangements, access to medical information about partners, exemption from inheritance and gift taxes, and the authority to make decisions regarding a partner’s burial.
Poland’s constitution explicitly defines marriage as a union between a man and a woman, making same-sex marriage impossible under current law. Both Nawrocki and the opposition Conservatives party view the civil partnership legislation as a backdoor attempt to introduce same-sex marriage.
Hard-Fought Coalition Compromise
The bill emerged from difficult negotiations within Prime Minister Donald Tusk’s center-left coalition. The Left Party, which openly supports same-sex marriage, struggled to reach agreement with the center-right Polish People’s Party, which remains skeptical of LGBT rights legislation.
Equalities Minister Katarzyna Kotula made no attempt to hide the legislation’s true purpose in a social media post directed at the LGBT community ahead of next year’s elections. She acknowledged the measure falls short of activists’ goals but framed it as a stepping stone toward future legislation.
Presidential Veto Confirmed
Paweł Szefernaker, a senior aide to Nawrocki, confirmed the president’s intention to block the legislation. There is not and will not be consent from the president for the introduction or legalisation of civil partnerships, Szefernaker stated.
Nawrocki later elaborated that he would not sign any bill creating an alternative form of marriage that undermines Poland’s constitution. However, he indicated openness to legislation addressing administrative needs for those with close relative status, provided such measures avoid ideological pressure or attempts to weaken marriage’s unique constitutional status.
The presidential veto will prove decisive, as Brussels Signal reports that the ruling coalition lacks the three-fifths supermajority needed to override it. Constitutional amendments would require an even larger two-thirds majority.
Foreign Marriage Recognition Creates Legal Uncertainty
The legislative battle unfolds against the backdrop of recent developments in which the Tusk government has begun recognizing same-sex marriages performed in other EU member states, following a European Court of Justice ruling.
Warsaw and Wrocław became the first Polish cities to transcribe foreign same-sex marriages into the country’s civil registry earlier this month, and the government has issued regulations enabling registry offices to recognize such unions.
Significant legal uncertainty remains regarding the practical consequences of such recognition under Polish law, which continues to prohibit same-sex marriage. Questions about divorce proceedings and other legal matters for registered foreign marriages remain unanswered.
The Tusk government previously attempted to advance LGBT legislation last year with a bill that would have established LGBT as a protected category under hate speech laws, but that measure also faced a presidential veto.
Both the right-wing opposition parties—the Conservatives and the Confederation party—have consistently opposed civil partnership rights for same-sex couples and requested Nawrocki exercise his veto power.
With information from Brussels Signal
