TOP TRIBUNAL RULES IN FAVOR OF POLISH CATHOLIC WHO REFUSED TO PRINT LGBT BANNER

www.churchmilitant.com | 6/28/2019 | Staff
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ŁÓDŹ, Poland (ChurchMilitant.com) - A Catholic printer who refused to print posters for an LGBT foundation has won a victory in Poland's highest tribunal after it ruled that service providers have a right to act according to their conscience.

Constitutional - Tribunal - CT - Supreme - Court

The Constitutional Tribunal (CT) overturned a Supreme Court verdict against the printer on Wednesday, calling it unconstitutional since it interfered with the rights of service providers to act according to their conscience and constituted "excessive interference of the state with the freedom of the individual."

In 2017, Adam J. from Łódź, the third-largest city in Poland, emailed the LGBT Business Forum Foundation stating his refusal to print a stand-up banner with the logo and name of the foundation.

Roll-up - Graphics - Promotion - LGBT - Movements

"I refuse to do a roll-up of the graphics I received. We do not contribute to the promotion of LGBT movements with our work," the printer said.

In March, the District Court of Łódź-Widzew found the printer guilty of violating Article 138 of the Code of Misdemeanours for "irregularities in professional services" and refusing to provide a service without "reasonable cause."

Court - Contract - Obligation - Service - Fine

The court also stated that since there was a contract, there was an obligation to provide the service. Article 138 prescribes a fine of up to 5,000 PLN for intentional and unjustified reasons for refusing to perform a service to which one is obliged.

In September 2017, Minister of Justice Zbigniew Ziobro appealed to the Supreme Court against this judgment.

Supreme - Court - Adam - J - June

However, the Supreme Court ruled against Adam J. on June 14, 2018, stating that Article 138 did not provide for a refusal. However, it refrained from imposing a fine on the printer.

Minister Ziobro finally took the case to the CT arguing that the Supreme Court's...
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