Polish Prime Minister Donald Tusk’s return to power in December 2023 was hailed by liberal onlookers as a step forward for the nation. After what New York Times columnist Michelle Goldberg called an “eight-year slide toward authoritarianism” under the Law and Justice Party (PiS), Tusk’s more liberal Civic Platform (PO) promised to bring democracy to Poland.
But the liberals — both in Poland and looking on from afar — aren’t actually concerned with democracy. Instead, they seek Polish politicians who will implement a progressive moral agenda in a nation that, following its liberation from the Soviet Union, was greatly shaped by the Catholic Church. The concern for democracy is superficial; what really matters is that Poland liberalizes its abortion laws and falls into lockstep with the rest of Europe on LGBTQ issues. (RELATED: Polish Prime Minister Pushes Unconstitutional Abortion Bill)
Now, seven months into Tusk’s term, steps have been taken to liberalize Poland’s abortion laws, and a draft act on civil unions has been introduced to parliament. The prime minister tweeted his support for both issues earlier this week:
We will vote for the decriminalization of abortion. We will vote for civil partnerships as a government project, although I have not managed to convince everyone. The discussion is over, it’s time for decisions.
Under the proposed legislation, two unmarried adults could register for a civil union, regardless of gender. The civil union would provide the registered individuals with “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 the hospital, a right to succeed … and care of the partner’s children in case of death.” It’s not full gay marriage, but it’s not far off.
Though Polish LGBTQ activists are satisfied with the legislation’s introduction, they haven’t withheld their criticism. Maja Heban, an activist involved with pro-LGBTQ NGO Miłość Nie Wyklucza (“Love Does Not Exclude”), told the press that she was “disappointed that some ‘key issues are missing,’” such as broader adoption rights for gay couples.
Donald Tusk openly admits that he has not “manage[d] to convince everyone” of this next step for same-sex couples. Polish views on LGBTQ issues have become significantly more liberal in recent years, but only 36 percent of Poles supported the legalization of same-sex partnerships in 2021. In 2019 and 2015, support hovered at 30 percent and 26 percent, respectively.
But, at the end of the day, the decision to introduce civil unions isn’t actually up to the Polish people. The bill enjoys some support among more liberal members of the ruling coalition, but the EU Court for Human Rights is the driving force behind the legislation — not elected members of parliament or the Polish citizens they represent.
As of now, Poland, Bulgaria, Romania, Lithuania, and Slovakia are the only EU countries that do not allow same-sex couples to register their partnership. In December, the EU Court for Human Rights ruled that Poland’s refusal to permit civil unions constituted a human rights abuse and violated the European Convention of Human Rights. “It is the state’s duty to institutionalize same-sex unions” under the human rights convention, Polish Ombudsman Marcin Wiącek told the press.
The new legislation has been drafted pursuant to that ruling, as the bill’s text clearly states: “The aim of the project is to introduce the institution of a registered partnership into the Polish legal system and thus implement the judgment of the European Court of Human Rights of 12 December 2023.”
The bill’s path to passage could be difficult, as Tusk’s governing coalition is not unified on the issue. The coalition currently has 247 members of parliament, out of 460 in the Sejm, Poland’s lower parliamentary house. Given their narrow majority, the bill’s passage depends on near-unanimous support from Tusk’s political allies.
If parliament does pass the bill, it will be taken up by President Andrzej Duda, who would likely veto the bill. Duda, a conservative, expressed that he would “need to see the law in detail” before vetoing, passing, or referring the bill for constitutional assessment. But the president’s position was staked out clearly earlier this year when his chief of staff stated that “the president does not support civil partnerships.”
President Duda might be able to halt the legislation for now, but his term in office ends next year, at which point Tusk’s Civic Platform party could gain control of the presidency. As Polish voters consider the future of their nation, they will need to grapple with the new ideological superpower that shapes Polish political life. The EU Court of Human Rights is a kinder master than the Soviet Union, to be sure, but it too seeks to undermine Poland’s self-government and impose moral liberalism while disparaging its opponents as threats to democracy.
Mary Frances Myler is a contributing editor at The American Spectator. She graduated from the University of Notre Dame in 2022.
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