"Aggressive and stigmatising language". Court nullifies anti-LGBT resolutions

On Monday, the Voivodeship Administrative Court in Kraków once again examined the complaints filed, at the end of 2019 by the Office of the Ombudsman, regarding anti-LGBT resolutions adopted by Tarnów county and Lipinki municipality. "We know what happened in the West, better safe than sorry," Tarnów county mayor Roman Łucarz said in July, 2019.

The Office of the Commissioner for Human Rights (RPO Office) demanded the resolutions be revoked, and argued they violated the constitution,  and the Convention for the Protection of Human Rights and Fundamental Freedoms. The Kraków court has found the resolution null and void.

According to the RPO Office, the court also underscored the "aggressive, stigmatising language of the resolution, exemplified by expression such as 'homopropaganda'. Furthermore, the court also tried to determine exactly who was the author of these resolutions, that is exactly who had written them. Finally, the judge stressed that groups of parents of LGBT+ people had been refused their right to speak when the resolutions had been adopted.

The rulings aren't yet legally binding and can be appealed against at the Supreme Administrative Court.

Równość.org.pl Foundation, as well as other local LGBT organisations have also joined the RPO Office in the bid to revoke the discriminatory decisions. "In our opinion, the resolutions in question blatantly violate a number of standards, including constitutional principles of equal treatment and non-discrimination. Local councils' declarations unlawfully exclude LGBTQIA people from communities, and they have every right to feel full members of their communities," said attorney-at-law Piotr Baran.

"The Voivodeship Administrative Court in Kraków has backed the RPO argumentation and nullified anti-LGBTQIA resolutions both in Tarnów county, and Lipinki municipality. The local authorities which adopted the resolutions in question have the right to appeal against the decision at the Supreme Administrative Court. We're happy to see that courts do not approve of systemic discrimination of non-heteronormative persons," Piotr Baran added.

Magda Dropek from Równość.org.pl Foundation has also commented on the Kraków court's decision. "It's good that since last year more provinces and regions back out from resolutions and declarations discriminating against the LGBT community, even if EU funds serve as their main motivation. Let's not forget, however, that there's still plenty of them (anti-LGBT declarations), especially in Lesser Poland".

"That's why it's important to keep social pressure, public opinion's dissent to public discrimination, and monitoring by EU institutions on one hand, and institutional actions such as the one by the RPO Office on the other. I'm glad that WSA (Voivodeship Administrative Court) in Kraków has found the resolution null and void," Madga Droped added.