True about Polish LGBT-free zones
Law and Justice politicians and the government media accuse activists of spreading fake-news about Poland. They have not provided evidence for their accusations. Even the lawsuits against me adopted a different tactic than proving the loudly announced accusations.
Some right-wing politicians and government media accuse activists of spreading lies about Poland and that LGBT-free zones are not existing. How does this look in practice?
The term “LGBT-free zone” was popularised in 2019 by Public TV and other media, which wrote that “more and more local governments declare as “LGBT-free” municipalities. The phrase was commonly used to name “statements against LGBT-ideology” that brands LGBT-rights as harmful ideology . The phrase became popular in the media and was used in the EU resolution of late 2019 (months before my project). The source of this phrase can be found in the July 2019 in “LGBT-free zone” stickers of Polish right-wing newspaper Gazeta Polska.
Some politicians and government media are accusing me of hiding that my mark is part of an art project.
Politicians and the state media that spread this type of fake-news do not give a single press article, reportage or interview in which I hide the nature of my action. Hundreds of press articles and television reports accurately illustrate the problem of Polish homophobia. Even in the lawsuits against me, not a single proof of it was given.
The courts are divided on whether resolutions are unconstitutional. These are only symbolic positions of local authorities without legal force.
The courts are clear about the resolutions and positions of local authorities. Some courts have not undertaken a substantive assessment of aniti-LGBT positions because they have stated that they are not competent to examine the positions of municipalities that are not act of law. The courts, which stated that the positions are, however, acts of law and investigated them, crushed the arguments presented there. The rulings unequivocally pointed out the incompatibility of the positions with Polish law:
The Court in Gliwice stated that the municipal council exceeded its powers, i.e. the constitutional principle of acting on the basis and within the limits of the law, and violated the constitutional principle of non-discrimination.
The Court in Radom, evaluating the resolution “Klwów Commune free from LGBT ideology”, also stated that the term “ideology” refers to people. And the municipal council passed a resolution without legal basis and exceeded its powers. The resolution itself is discriminatory.
There is also an extensive legal analysis of positions and their social impact by Ombudsman office.