The article addresses the ongoing debate in Poland about the legal recognition of same-sex unions amidst the interpretation of Article 18 of the Polish Constitution. This article states that marriage is defined as a union between a man and a woman, which, according to legal theorists like Dr. Karol Dobrzeniecki and Dr. Dawid Bunikowski, creates a constitutional barrier that hinders the protection of same-sex marriages, even those legally recognized abroad. They argue that the rigidity of this interpretation reflects a disconnect between law and evolving democratic values.

This discussion has arisen against the backdrop of a European Court of Justice ruling that mandates Poland to recognize and transcribe same-sex marriages conducted in other countries. The article suggests that legal professionals must move beyond a strict legalist perspective ('legal scientism') to address the societal implications of such rulings. This shift could be crucial for easing tensions between legal frameworks and democratic governance, as well as for advancing human rights.

Ultimately, the piece calls for a re-examination of Polish laws regarding marriage that weighs ethical considerations alongside legal statutes. It advocates for a more inclusive approach that recognizes the legitimacy of diverse family structures, reflecting a broader understanding of equality and justice within Polish society.