Abstract

Commentary on the Judgement of the Voivodship Administrative Court of Warsaw of 3 November 2017, IV SA/Wa 1893/17The commented judgement concerns refusal to transcribe a gay marriage certificate to the Polish civil status register. Contrary to the Court’s opinion, such transcript does not constitute circumvention of law, nor is against public policy. Legal order and its fudamental principles are changeable in time. The recognition of a foreign marriage between two men would not be outrageous in light of the Polish system of values and moral principles, especially given the fact that 70% of the Polish social and legal élites are in favour of gay relationships. The commented judgement infringes the human right to protection of family life, which is protected by the Constitution, international and European law. Moreover, it is contrary to the latest ECHR judgements. It leads to the discrimination of gays. Therefore, it should be evaluated critically.