Valruzia

[Aethan]

Sejm approves deep Constitutional reform to further protect same-sex marriage, religious freedom and abortion rights

The "aggravated amendment" procedure makes future changes nearly impossible in Title I without a supermajority, new elections, and a referendum.

June 5684

Luthorian-language copy of the Valruzian Constitution

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Faced with the rise of the right wing and Workers' Vanguard in the polls – both opposed to varying degrees to same-sex marriage and abortion, among other things – parliament approved what the Nowik government defined as a "constitutional shield" for these measures late this afternoon. These were already reflected in Valruzia's supreme law but now it will require even more effort to be modified.

Thanks to the support of the Yeudi Our Homeland party – which had reportedly been negotiating with the government the past few weeks to gain its support – the SW-KPW coalition has managed to push through a profound amendment to the constitution, which will now establish that any amendment to Section One of Chapter Two of Title I – that is, all those regulating fundamental rights and public freedoms, where Szymon Nowik's government codified both same-sex marriage and the right to abortion but which also includes, among other things, freedom of worship – must be done through what is known as an "aggravated constitutional reform". This means that, from now on, any amendment to these parts of the Constitution will first require a two-thirds majority in the Sejm, followed by the immediate dissolution of the Sejm and the holding of general elections, and that the new parliament must ratify the decision again by a two-thirds majority, before submitting the reform to a popular referendum for final ratification. 

Thus, with 423 votes in favor, the government has managed to pass the two-thirds threshold required to reform the Constitution of Valruzia and, in turn, has introduced a new amendment for future constitutional reforms. The opposition has described this move as a "political lock" and a "maneuver of fear" in the face of the government's decline in the polls, even though the current numbers are still far from giving the right any chance at governing. The leader of Forward Valruzia, Fryderyk Konik, said that "those who today call themselves progressives are using the same methods that they once fought against". For his part, Workers' Vanguard general secretary Marcin Borkowski has stated that he believes the government "is afraid of losing its legitimacy in the streets" and that "no constitution should be an untouchable and unmodifiable, especially when society demands for it to be revised".

The executive, however, defended itself. "This is not a gag order, it's a guarantee for the rights of our fellow countrymen" said Deputy Chancellor Roksana Parzych during the extraordinary session moments before the vote, knowing that they already had the majority needed for approval. "A modern state must protect the basic consensus that sustains its coexistence. There are issues that should not depend on electoral fluctuations or the whims of a temporary majority". After the approval of the reform, that now has to be countersigned by the Presidency of Valruzia, the members of the opposition have left parliament amid complaints, reproaches, and pointing fingers at the government bench.

Some analysts point out that the approval of the constitutional shield seeks precisely to neutralize the risk that a change in the majority in the Sejm could jeopardize the social advances of recent decades. "It is a gesture of preservation and reassurance for many within this country, but also of fear" says political scientist Ewa Szulc, from the University of Brzansk. "With this gesture, the government seems to admit that they are afraid that they could lose power, and wants to ensure that certain rights are not lost with it."

On the streets, the reaction has been mixed while mostly positive. While feminist associations and LGBT groups celebrated the measure as "a victory for social civil liberties", conservative and religious sectors described it as "an imposition by the urban left on a diverse and pluralistic country that must be free to choose". Interestingly, from the Yeudi organizations of Valruzia, however, many have shown their support for the measure, especially for the reinforcement of freedom of worship, which many see as threatened by the rise of extremism.

Nevertheless, several constitutional experts warn that the new mechanism could create excessive rigidity in the Valruzia legal system, making any future corrections difficult. "A constitution that is too rigid runs the risk of becoming a prisoner of itself" explained Piotr Harenski, a professor of constitutional law at the University of Nowogard. "A fundamental law must be stable, of course, but also flexible. If in the future the Supreme Court were to reinterpret any of these rights – for example, by establishing stricter limits on abortion or redefining the legal effects of same-sex marriage – the Sejm would have its hands virtually tied in terms of responding in legislative terms. And that could lead to an institutional crisis if jurisprudence and the will of the people come into conflict."