Poland may not discriminate against gay couples, in spite of a clause in the its constitution stating that marriage is “a union of a man and a woman”, the European Court of Human Rights ruled in Strasbourg.
The court found, in a unanimous ruling released on Monday, in favour of Piotr Kozak, whose partner died in 1998, and who had his request to continue living in their municipal flat in the western city of Szczecin turned down, in spite of a provision in Polish law allowing a “person who has lived in de facto cohabitation with the tenant” to succeed to the tenancy.
The Strasbourg tribunal recognised the difficulty in maintaining a balance between traditional marriage and the rights of sexual minorities but found that the 1950 European Convention on Human Rights is “a living instrument” and has to be interpreted in the light of present-day conditions. It also found that, in this case, Poland did not have a clear interest in discriminating between heterosexual and homosexual couples.
The case was greeted with joy by gay and lesbian groups in Poland.
Full Story from FT.com
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