Polish court in Gliwice annul “LGBT ideology-free zone act”, finding it violate constitution

Polish courts have annulled four  of the “zones free from LGBT ideology” that have been declared by many local authorities around Poland. The provincial administrative court in Gliwice ruled on such a resolution passed by the council in Istebna, southwestern Poland. Bodnar’s office had lodged a complaint against it, arguing that it violated various articles of Poland’s constitution.

The court found that the phrase “LGBT ideology” in fact refers to LGBT people and has a discriminatory effect on them by excluding them from the community due to their sexual preferences and gender identity, reports Polsat News.

“Ideology is always associated with people; the dictionary definition states that it is a system of ideas professed by individuals or groups of people,” said one of the judges, Krzysztof Wujek, in his oral justification.

Declaring somewhere “a zone free from” LGBT ideology “de facto refers to people from this LGBT group”, continued the judge. “Saying that it is an ideology, not people, is turning a blind eye to reality.”

“It is harmful and strengthens a sense of threat against these people,” concluded Wujek. “These are the strongest arguments which made the court feel obliged to declare the resolution invalid.”

The court noted that the anti-LGBT resolution violated Article 32 of Poland’s constitution, which stipulates that “all persons shall be equal before the law” and “have the right to equal treatment by public authorities”, and that “no one shall be discriminated against in political, social or economic life for any reason whatsoever”.

The judges also found that the resolution violated the right of people to raise their children in accordance with their beliefs by limiting the scope of subjects that could be taught in schools.

“Human sexuality is the subject of scientific research, one of the branches of medicine,” found the court. “Science cannot be considered inappropriate for curricula.”

The ruling was welcomed by Anna Błaszczak-Banasiak, from Bodnar’s office, “This is the first such ruling in Poland. It is a precedent, which will definitely go down in the history of the fight for human rights in Poland,” she told Polsat.