Should homosexual propaganda function in public space, or rather, should it be penalised? There are countries that have already introduced such laws, in recognition of the social harmfulness of homosexuality. In Poland, following the fight about the LGBT+ charter and revelations concerning WHO’s appalling standards for the sexual education of children, the number of supporters of such measures is growing. What we need now is a little creativity, courage and consistency of our MPs. After all, what Jarosław Kaczyński said: “Stay away from our children” seems to be still valid.
The idea to penalise homosexual propaganda in public space – as an opinion poll – was published a few days ago on Twitter by Robert Winnicki, MP. In an interview with PCh24.pl, he admitted that the idea was surprisingly well received by the society. “A few months ago, the response to this problem had not been so positive, but this time, it was acknowledged by numerous commentators, and not necessarily in a critical way. What we have now is an offensive of homopropaganda. The things we see in Warsaw and other cities prove that such solution should be seriously considered”, he said.
Wesprzyj nas już teraz!
The MP admitted that the course such law should take in Poland is yet to be considered. We have two models in Europe: one in Russia and the other in Lithuania. The advantage of the Lithuanian solution is that the law has not been undermined by any court, however, it is ineffective. The Russian solution, on the other hand, does not fit the Polish lawmaking standards. “We need to develop our own standards. I think they should focus in particular on protecting children against specific harmful content. Extending not only educational law, but also law protecting minors, is the direction we should follow”, he concluded.
Robert Winnicki, asked about the need to withdraw from the Istanbul Convention, admitted that the operation of the Convention is certainly a signal of the Government’s political intentions. “While it is of course necessary to withdraw from the convention, it will only deactivate one of the tools rather than establish a general principle as to the content that may appear in public space, and what we need is such a general principle” – he admitted.
According to Jerzy Kwaśniewski, Chair of the Ordo Iuris Institute, Russia introduced in 2013 a ban on promoting “non-traditional sexual unions” among minors. Lithuania adopted in 2009 a law prohibiting the distribution of information that promotes the idea of marriages and families other than the constitutional ones, considering such actions to be harmful for children and youth. That law, however, does not establish any penalties for violating such limitations.
“In other words, it makes promoting homosexuality illegal, but does not impose any sanctions. If an action is illegal, then, for example, an equality parade is illegal, because one cannot march proclaiming what is against the law. Since there are no sanctions and the legal regulations are equivocal, the Lithuanian law is dead, because parades are still organised in Lithuania. Also, there are no obstacles to promoting the LGBT+ ideology in popular culture there. Moreover, the Constitutional Tribunal in Lithuania concluded at the beginning of 2019 that a marriage is constitutionally natural in terms of sex”, he noted.
Kwaśniewski added that presenting homosexual relations should be distinguished for the LGBT+ propaganda. The latter covers numerous ideological postulates as to the organisation of a society, such as the structure of the family or the definition of sex. There are also postulates concerning the freedom of speech, such as, for example, in regulations concerning combating the “hate speech”. This is also an attack on economic freedom.
“There are many more postulates of the LGBT+ propaganda, and it is hard to say whether a regulation 'prohibiting homopropaganda’, which, as I see it, prohibits promoting sexual relations, would effectively prevent promoting the LGBT+ ideology. If, on the other hand, we are to prohibit the LGBT+ ideology, then we have to consider the extent to which a democratic authority may decide on excluding certain ideas and concepts from the public debate” he added.
Kwaśniewski noted that the militant democracy doctrine provides for the possibility of excluding from the area of freedom those who oppose democracy. Accordingly, for example, in Poland, the constitution prevents promoting totalitarian systems: communism, fascism and Nazism. Thus, detailed solutions will be important here. That would undoubtedly be a strong blow. “I do not think, however, that this Government and Parliament will start a debate in this area”, he said.
The Chair of Ordo Iuris added that what seems realistic at the moment are solutions that will enable controlling schools. This means obliging schools and organisations that want to offer extra-curricular activities for children to present an “educational information prospectus” to parents, describing the proposed activities. Based on such prospectus, parents would enrol their children to courses. “Such solution is possible to implement based on the constitutional principle of the educational priority of parents. We are aware, however, that in some cases, information may not be sufficient, because parents are not aware of dangers”, he added.
“CON-STI-TU-TION”
“I believe that a central solution is needed. Of course, such law would require consideration. Promoting homosexuality in an intrusive way creates a “fashion” for such lifestyle, especially among young people”, believes Magdalena Trojanowska from the Stop Sexualising Our Children Initiative.
She noted that, according to a 2017 research, promoting certain – homosexual – behaviours, i.e., generally speaking, anti-heterosexual behaviours, has a strong impact on young people and the number of “deviated persons” increases. Trojanowska emphasises that, for the sake of children, we should limit the content that is presented, for example using the methods known from TV broadcasts. “We should also ban from Polish schools international organisations that promote certain sexual behaviours and ideas among children and youth”, she added.
In her opinion, the tool here is the Constitution of the Republic of Poland, according to which marriage is the union of a man and a woman, and it is particularly protected by the law. Obviously, promoting “family unions” in our country should be prohibited. “However, the first step should be to withdraw from the Istanbul Convention, which introduces gender into the legal culture”, she concluded.
Also, Kazimierz Przeszowski from the Family and Life Centre believes that undermining the constitutional standard and value of marriage, defined as the union of a man and a woman, should be prohibited, the same as undermining other constitutional standards. “Let us be frank. The family is the main target of attacks today. The law has already introduced the term of 'family violence’ instead of the more proper 'domestic violence’ (in the place of residence). The family, the marriage are under attack today, and it is not right to promote temporary relationships of persons of the same sex, based on sexual intercourse only”, he said.
He added that marriage should be protected by the law and that any attacks on the marriage, family and other fundamental values should be subject to legal sanctions. “I absolutely agree that marriage has to be protected, because the other party repeats it like a mantra that these are family members who violate the laws of minors. On the other hand, according to research conducted by a research institute for the US Congress, a child is the safest in their family. Children are the happiest in a relationship, where a mother and a father love each other and are with each other for the whole life”, stressed Przeszowski.
The situation of children in “volatile relationships” is worse. There is more violence, including sexual, in such relationships. According to the chair of the LFC, also offending families with such phrases as “family is violence” or “family is paedophilia” should be punished, the same as is the case with propagating totalitarian ideologies or crimes threatening the foundations and values of our Homeland.
According to Arkadiusz Stelmach, deputy chair of the Father Piotr Skarga Association for Christian Culture, promoting homosexuality is immoral and should not take place. “There is no doubt about that. The Catholic doctrine is clear about that: homosexual acts are grave sins that cry to heaven. This sin is condemned by the authority of the Holy Bible, the Tradition and many distinguished representatives of the Church”, he stressed.
He added that, from the lay perspective of the State, homosexuality should be negatively regarded due to the consequences of such practices. “This is confirmed by specialists, psychiatrists, e.g. doctor Paul Cameron, the author of numerous studies on the medical consequences of homosexual practices”, he added. Arkadiusz Stelmach also highlighted the negative consequences the State may suffer as a result of homosexuality promotion: lower birth rate, as homosexual acts, in their nature, are infertile. “It is confusing, if such relationships are equalised with marriage. It is a typical neo-Marxist method of relatively shaping the reality and redefining basic concepts. The new groups also fight for more rights and privileges, under the pretext of combating alleged discrimination”, he added.
The deputy chair of the Father Piotr Skarga Association for Christian Culture emphasised that, in terms of preventing homosexual propaganda, we should develop future legislation in such a way as to take into account the whole agenda defined as LGBT+. “It is very important in order to prevent loopholes in the prohibition. We should bear it in mind that the term LGBT+ includes pansexuality. Of course, some claim that this does not mean zoophilia or paedophilia… But we know from experience how quickly the demands of such groups develop”, he said.
Arkadiusz Stelmach also reminded of the good principle that the intimate sphere should remain intimate. We all have right to privacy and this also concerns protection against terrorising the public space with the sexual experiences of others. “Sexual act or exhibitionism in public places are forbidden. Such actions are penalised and nobody questions that. Meanwhile, our intimate sphere is being attacked not only by the promotion of LGBT+ but also by easy access to pornography. We need to take efforts to protect the truth about the person, an element of which is human sexuality, we need to protect the right to privacy and we need protection against demoralisation”, he added.
It is also no doubt that the new prohibitions should be accompanied by promotion of marriage, which is the union of a man and a woman, and of the traditional family. The interests of the State are at stake here. “It is a good thing that these issues are raised in the public debate. However, it is important to focus on all the issues that concern human sexuality, rejecting immoral behaviour. We have to protect the intimate sphere. There may be no consent to overall sexualisation of public life and, undoubtedly,children should be particularly protected”, concluded Arkadiusz Stelmach.
Jarosław Kaczyński could protect children
The idea to protect children against homoindoctrination is not a new one. In 2007, the then Prime Minister, Jarosław Kaczyński, supported a “ban on promoting the gey lifestyle” in schools. The Ministry of Education worked on a draft law that provided for penalties (loss of work, imprisonment) for a teacher who would let into a school LGBT+ agitators. The draft law also provided for sanctions on persons promoting homosexuality in educational institutions. Prime Minister Kaczyński declared that he was for tolerance, but against affirmation of homosexual behaviour.
Two years later, MP of the Law and Justice party tried to continue safeguarding the Polish society against homopropaganda. Arkadiusz Mularczyk even had the Lithuanian law introducing, among other things, a prohibition to present homosexuality in a positive way, translated to Polish.
It is also worth mentioning here that, in 2017, the European Human Rights Court declared the Russian law prohibiting, under penalty, the promotion of “non-traditional sexual unions among minors” to be a violation of the freedom of expression of opinion and is discriminatory. The Court confirmed violation of Articles 10 and 14 of the Convention.
Is a Polish version of a law prohibiting homosexual propaganda likely to be passed by the Sejm? We will know when there is a specific proposal. We know, however, that if such a law “is drafted and well written”, President Andrzej Duda will take one “seriously” – or at least this is what he declared in 2018.
Marcin Austyn
