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Home » Archive » Religon-Based Refusal To Perform Services For Homosexuals In Poland

Lukasz Mirocha
Religon-Based Refusal To Perform Services For Homosexuals In Poland
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The article concerns the problem of religiously motivated
refusal to provide services for homosexuals. The study is dedicated
to the Polish approach to the problem, it comments on views
of Polish scholars as well as recent case-law of Polish courts. Nevertheless,
broader international legal context is also outlined. The
author put forward the thesis that because of low probability of
achieving legal changes of the status of homosexuals in Poland,
LGBT society` activists have moved their attempts to judicial
sphere and adopt so called strategic litigation as a tool of legal
change. The Polish experiences reveal that the application of such
measures could bring results contrary to theirs` authors intentions.
Strong social backlash towards judgements that foster LGBT society`
demands was eventually accompanied by the judgement of
the Constitutional Tribunal, that has reversed previous decisions
of common courts and Polish Supreme Court.

The article concerns the problem of religiously motivated refusal to provide services for homosexuals. The study is dedicated to the Polish approach to the problem, it comments on views of Polish scholars as well as recent case-law of Polish courts. Nevertheless, broader international legal context is also outlined. The author put forward the thesis that because of low probability of achieving legal changes of the status of homosexuals in Poland, LGBT society` activists have moved their attempts to judicial sphere and adopt so called strategic litigation as a tool of legal change. The Polish experiences reveal that the application of such measures could bring results contrary to theirs` authors intentions. Strong social backlash towards judgements that foster LGBT society` demands was eventually accompanied by the judgement of the Constitutional Tribunal, that has reversed previous decisions of common courts and Polish Supreme Court.

 

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