The Polish Constitution does not explicitly refer to the principle of Church-State separation. The relationship between the State, Churches and other religious denominations is defined by five principles: impartiality, equality of rights, autonomy and independence, cooperation, and bilateralism. The principle of impartiality is the essence of Polish secularism. It presupposes an objective attitude, free from bias and characterized by an equal approach towards all beliefs which respect the Polish legal system’s fundamental values. It ensures the freedom of public expression of personal convictions, whereas people who perform public functions also have the right to participate in religious celebrations. The principle of equality of rights of Churches and other religious denominations allows for all denominations to freely exercise their religious functions, i.e. defining religious doctrine, conducting religious services, adopting laws that govern internal issues, educating and employing religious personnel.
The Act of May 17, 1989 on freedom of conscience and religion guarantees equal rights to believers and non-believers. It also established a general framework for all Churches and religious communities in Poland, guaranteeing participation in the enforcement of laws regulating their legal status. All legally registered religious organizations enjoy the same rights, whereas apart from the Jehovah’s Witnesses, who operate on the basis of the 1989 law, the activities of fifteen of them are governed by special laws. The registration procedure for religious organizations has been designed in order to foster religious pluralism, as the implication of only 100 adult citizens is required. Their current number is 158.
One of the most visible manifestations of Catholicism’s prominent role in Polish history is the presence of the cross in the public sphere. Court decisions issued in cases in which non-believers demanded that crosses be removed from public offices have attracted a lot of public attention. Both the October 28, 1998 judgment of the Court of Appeal in Łódź and the November 25, 2010 judgment of the Court of Appeal in Szczecin ruled that the plaintiff’s freedom of conscience or religion had not been infringed upon. The Courts argued that there was no violation of the constitutional principle of impartiality of public authorities in matters of personal conviction, whether religious or philosophical, as “in Polish society the cross is treated not only as a symbol of the Catholic religion, but it also embodies universal values which derive from the Christian tradition and are also part of Polish material and spiritual culture”.
The same line of reasoning inspired the January 14, 2013 judgment of the Regional Court in Warsaw, following an action filed by a group of MP’s who demanded that a cross be removed from the Chamber of the Sejm (Low Chamber of the Polish Parliament). Most significantly, a December 3, 2009 Sejm resolution aimed at protecting freedom of conscience and at the promotion of values based on common European heritage. It emphasized, among other things, that “the cross is not only a religious symbol and a symbol of God’s love for the people, but in the public sphere it also reiterates readiness to sacrifice for one’s fellow man, whereby fostering respect for the dignity and rights of every human being”. The Polish Senate’s February 4, 2010 resolution contained similar wordings.
Another controversial topic is the offence of religious feelings, as exemplified by the case of Adam Darski (stage name: Nergal), who was accused of publicly insulting religion during a September 13, 2007 Behemoth concert. While on stage, he tore up a Bible while shouting “this is a Book of lies, fuck this shit, fuck this hypocrisy, eat this shit”. On August 18, 2011 the District Court in Gdynia found Darski not guilty, judging that the musician’s behaviour was “kind of an artistic performance”. Even if Darski argued that he had no intention to offend anyone’s feelings, the General Attorney opined that he might still be guilty even thou