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  • 8 - Pseudo-constitutional Repertoires

  • Mariëtta D. C. van der Tol, University of Oxford
  • Book:
    Constitutional Intolerance
    Published online:
    09 January 2025
    Print publication:
    23 January 2025, pp 127-142

  • Summary

    This chapter shows that constitutional intolerance is not only about religion or ethnoreligious identities. Much like ethnic and religious identities, LGBT identities have been subject to the regulation of their visibility in public space. This chapter discusses the anti-genderism of the Law and Justice party in relation to the hyphenation of Polish-Catholic identity and the historical role of the Catholic Church in promoting Polish independence, as well as the instrumentalisation thereof towards political polarisation in its domestic and European context. This chapter does not focus on the toolkit of illiberalism per se, but on the pseudo-constitutional anti-LGBT resolutions, declarations, and Family Charters targeting LGBT identities. A collaboration between the Law and Justice party and a think-tank called the Ordo Iuris Institute accounts for the first wave of this backlash, which invoked the constitution and legal language to allude to a semblance of constitutionalism.