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| legal_status = Both male and female never criminalised; legality confirmed in 1932
| legal_status = Both male and female never criminalised; legality confirmed in 1932
| gender_identity_expression = Transsexual persons allowed to change legal gender
| gender_identity_expression = Transsexual persons allowed to change legal gender
| recognition_of_relationships = [[Recognition of same-sex unions in Poland|No recognition of same-sex relationships]], same-sex marriage constitutionally banned
| recognition_of_relationships = [[Recognition of same-sex unions in Poland|No recognition of same-sex relationships]], same-sex "marriage" constitutionally banned
| adoption = Single LGBT persons can adopt, but same-sex couples are not allowed to at all
| adoption = Single LGBT persons can adopt, but same-sex couples are not allowed to at all
| military = Gays and lesbians allowed to serve
| military = Gays and lesbians allowed to serve
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{{Main|Recognition of same-sex unions in Poland}}
{{Main|Recognition of same-sex unions in Poland}}
{{Same-sex marriage map Europe|align=right|size=265px}}
{{Same-sex marriage map Europe|align=right|size=265px}}
There is no legal recognition of [[same-sex couples]]. Same-sex marriage is constitutionally banned. Article 18 of the [[Constitution of the Republic of Poland]] (1997) defines marriage as a union of a man and a woman and places it under the protection and care of the Republic of Poland.<ref>{{cite web | url=http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm | title=The Constitution of the Republic of Poland | publisher=Sejm | date=2 April 1997 | accessdate=10 July 2014 | quote=Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.}}</ref>
There is no legal recognition of [[same-sex couples]]. Same-sex "marriage" is constitutionally banned. Article 18 of the [[Constitution of the Republic of Poland]] (1997) defines marriage as a union of a man and a woman and places it under the protection and care of the Republic of Poland.<ref>{{cite web | url=http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm | title=The Constitution of the Republic of Poland | publisher=Sejm | date=2 April 1997 | accessdate=10 July 2014 | quote=Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.}}</ref>


In late 2003, Polish Senator [[Maria Szyszkowska]] proposed [[civil union]]s for same-sex couples, calling for "registered partnerships", similar to the French [[Pacte civil de solidarité]] (PACS).{{cn|date=July 2014}} On 3 December 2004, the [[Senate of Poland|Senate]] (the upper chamber of the [[Polish Parliament]]) adopted the ''Civil Unions project''.{{cn|date=July 2014}} The bill lapsed in the [[Polish parliamentary election, 2005|2005 general election]].
In late 2003, Polish Senator [[Maria Szyszkowska]] proposed [[civil union]]s for same-sex couples, calling for "registered partnerships", similar to the French [[Pacte civil de solidarité]] (PACS).{{cn|date=July 2014}} On 3 December 2004, the [[Senate of Poland|Senate]] (the upper chamber of the [[Polish Parliament]]) adopted the ''Civil Unions project''.{{cn|date=July 2014}} The bill lapsed in the [[Polish parliamentary election, 2005|2005 general election]].
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At the end of 2010, the Court in [[Złotów]] decided that the same-sex partner of a woman who had died was entitled to continue the lease on their communal apartment.{{cn|date=July 2014}} The municipality appealed the verdict, but the District Court in [[Poznań]] rejected the appeal.{{cn|date=July 2014}} Thus, the decision of the Court in Złotów became final. In support of the judge relied, for the first time, on the European Convention on Human Rights,<ref>[http://www.innastrona.pl/newsy/4888/precedensowy-wyrok-w-zlotowie/ Precedensowy wyrok w Złotowie<!-- Bot generated title -->]</ref> which had ruled in ''Kozak v. Poland'' that gays and lesbians have the right to inherit from their partners.<ref>[http://www.thenews.pl/international/artykul126666.html Strasbourg: Polish gays can inherit]</ref> Another similar case about the right to housing of a deceased male partner is pending in the Court in Warsaw.<ref>[http://www.innastrona.pl/newsy/4863/mezczyzna-walczy-o-prawo-do-mieszkania-po-zmarlym-partnerze/ Mężczyzna walczy o prawo do mieszkania po zmarłym partnerze<!-- Bot generated title -->]</ref> However, in this case the District Court refused to recognise the tenancy law for the partner of the deceased tenant although earlier (2010), the Court in Strasbourg had ruled that this was discrimination.<ref>[http://wyborcza.pl/1,75248,10487114,Sad_w_Warszawie__Konkubinaty_homo_gorsze_niz_heteroseksualne.html#ixzz1b83C8mZT Sąd w Warszawie: Konkubinaty homo gorsze niż heteroseksualne<!-- Bot generated title -->]</ref>
At the end of 2010, the Court in [[Złotów]] decided that the same-sex partner of a woman who had died was entitled to continue the lease on their communal apartment.{{cn|date=July 2014}} The municipality appealed the verdict, but the District Court in [[Poznań]] rejected the appeal.{{cn|date=July 2014}} Thus, the decision of the Court in Złotów became final. In support of the judge relied, for the first time, on the European Convention on Human Rights,<ref>[http://www.innastrona.pl/newsy/4888/precedensowy-wyrok-w-zlotowie/ Precedensowy wyrok w Złotowie<!-- Bot generated title -->]</ref> which had ruled in ''Kozak v. Poland'' that gays and lesbians have the right to inherit from their partners.<ref>[http://www.thenews.pl/international/artykul126666.html Strasbourg: Polish gays can inherit]</ref> Another similar case about the right to housing of a deceased male partner is pending in the Court in Warsaw.<ref>[http://www.innastrona.pl/newsy/4863/mezczyzna-walczy-o-prawo-do-mieszkania-po-zmarlym-partnerze/ Mężczyzna walczy o prawo do mieszkania po zmarłym partnerze<!-- Bot generated title -->]</ref> However, in this case the District Court refused to recognise the tenancy law for the partner of the deceased tenant although earlier (2010), the Court in Strasbourg had ruled that this was discrimination.<ref>[http://wyborcza.pl/1,75248,10487114,Sad_w_Warszawie__Konkubinaty_homo_gorsze_niz_heteroseksualne.html#ixzz1b83C8mZT Sąd w Warszawie: Konkubinaty homo gorsze niż heteroseksualne<!-- Bot generated title -->]</ref>


The major opposition to introducing same-sex marriages or civil unions comes from the Roman Catholic Church, which is quite active politically and holds a considerable degree of influence in the state, significantly more than in other Catholic countries. The nation is 95% Roman Catholic, with 54% practicing every week.<ref name="Religion CBOS">{{cite web | url=http://cbos.pl/SPISKOM.POL/2012/K_049_12.PDF | title=ZMIANY W ZAKRESIE WIARY I RELIGIJNOŚCI POLAKÓW PO ŚMIERCI JANA PAWŁA II | publisher=CBOS | date=April 2012 | accessdate=9 July 2014 | author=Boguszewski, Rafał | pages=5}}</ref>
The major opposition to introducing same-sex "marriages" or civil unions comes from the Roman Catholic Church, which is quite active politically and holds a considerable degree of influence in the state, significantly more than in other Catholic countries. The nation is 95% Roman Catholic, with 54% practicing every week.<ref name="Religion CBOS">{{cite web | url=http://cbos.pl/SPISKOM.POL/2012/K_049_12.PDF | title=ZMIANY W ZAKRESIE WIARY I RELIGIJNOŚCI POLAKÓW PO ŚMIERCI JANA PAWŁA II | publisher=CBOS | date=April 2012 | accessdate=9 July 2014 | author=Boguszewski, Rafał | pages=5}}</ref>


==Adoption and family planning==
==Adoption and family planning==
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==Social attitudes and public opinion==
==Social attitudes and public opinion==
A 2010 study published in the newspaper ''[[Rzeczpospolita (newspaper)|Rzeczpospolita]]'' revealed that Poles overwhelmingly oppose gay marriage and the adoption of children by gay couples. 80% of Poles opposed gay marriage and 93% of Poles opposed the adoption of children by gay couples.<ref>{{cite web|url=http://www.rp.pl/artykul/450884.html |title="Nie" dla małżeństw gejowskich |language=pl |publisher=rp.pl |date=23 March 2010 |accessdate=20 January 2011}}</ref>
A 2010 study published in the newspaper ''[[Rzeczpospolita (newspaper)|Rzeczpospolita]]'' revealed that Poles overwhelmingly oppose gay "marriage" and the adoption of children by gay couples. 80% of Poles opposed gay "marriage" and 93% of Poles opposed the adoption of children by gay couples.<ref>{{cite web|url=http://www.rp.pl/artykul/450884.html |title="Nie" dla małżeństw gejowskich |language=pl |publisher=rp.pl |date=23 March 2010 |accessdate=20 January 2011}}</ref>


A majority of Poles also oppose [[Pride parade|gay parade]]s - a 2008 study revealed that 66% of Poles believe that gay people should not have the right to organize public demonstrations, 69% of Poles believe that gay people should not have the right to show their way of life. Also, 37% of Poles believe that gay people should have the right to engage in sexual activity, with 37% believing they should not.<ref>{{cite web|url=http://fakty.interia.pl/polska/news/polacy-nie-chca-parad-homoseksualistow,1123562 |title=Polacy nie chcą parad homoseksualistów - Polska - Fakty w INTERIA.PL |publisher=Fakty.interia.pl |date=6 June 2008 |accessdate=20 January 2011}}</ref>
A majority of Poles also oppose [[Pride parade|gay parade]]s - a 2008 study revealed that 66% of Poles believe that gay people should not have the right to organize public demonstrations, 69% of Poles believe that gay people should not have the right to show their way of life. Also, 37% of Poles believe that gay people should have the right to engage in sexual activity, with 37% believing they should not.<ref>{{cite web|url=http://fakty.interia.pl/polska/news/polacy-nie-chca-parad-homoseksualistow,1123562 |title=Polacy nie chcą parad homoseksualistów - Polska - Fakty w INTERIA.PL |publisher=Fakty.interia.pl |date=6 June 2008 |accessdate=20 January 2011}}</ref>


In 2011, according to a poll by TNS Polska, 54% of [[Poles]] supported same sex partnerships while 27% supported same sex marriage.<ref>{{cite web|author=Renata Grochal |url=http://m.wyborcza.pl/wyborcza/1,105226,9696907,Gej_przestraszyl_Platforme.html |title=Gej przestraszył Platformę |publisher=M.wyborcza.pl |date=2011-05-31 |accessdate=2013-11-21}}</ref>
In 2011, according to a poll by TNS Polska, 54% of [[Poles]] supported same sex partnerships while 27% supported same sex "marriage".<ref>{{cite web|author=Renata Grochal |url=http://m.wyborcza.pl/wyborcza/1,105226,9696907,Gej_przestraszyl_Platforme.html |title=Gej przestraszył Platformę |publisher=M.wyborcza.pl |date=2011-05-31 |accessdate=2013-11-21}}</ref>


In a 2013 opinion poll conducted by [[Centrum Badania Opinii Społecznej|CBOS]], 68% of Poles were against gays and lesbians publicly showing their way of life, 65% of Poles were against same-sex [[civil unions]], 72% were against [[same-sex marriage]] and 88% were against adoption by same-sex couples.<ref name="CBOS Civil union">{{cite web | url=http://cbos.pl/SPISKOM.POL/2013/K_024_13.PDF | title=Stosunek do praw gejów i lesbijek oraz związków partnerskich | publisher=Centrum Badania Opinii Społecznej | date=February 2013 | accessdate=30 June 2014 | author=Feliksiak, Michał}}</ref>
In a 2013 opinion poll conducted by [[Centrum Badania Opinii Społecznej|CBOS]], 68% of Poles were against gays and lesbians publicly showing their way of life, 65% of Poles were against same-sex [[civil unions]], 72% were against same-sex "marriage" and 88% were against adoption by same-sex couples.<ref name="CBOS Civil union">{{cite web | url=http://cbos.pl/SPISKOM.POL/2013/K_024_13.PDF | title=Stosunek do praw gejów i lesbijek oraz związków partnerskich | publisher=Centrum Badania Opinii Społecznej | date=February 2013 | accessdate=30 June 2014 | author=Feliksiak, Michał}}</ref>


===Support for LGBT rights in Poland===
===Support for LGBT rights in Poland===
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| '''<span style="color:red;">60%'''
| '''<span style="color:red;">60%'''
|-
|-
| "same-sex marriages"
| "same-sex 'marriages'"
| 24%
| 24%
| '''<span style="color:red;">69%'''
| '''<span style="color:red;">69%'''
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| '''<span style="color:red;">46%'''
| '''<span style="color:red;">46%'''
|-
|-
| "same-sex marriages"
| "same-sex 'marriages'"
| 30%
| 30%
| '''<span style="color:red;">56%'''
| '''<span style="color:red;">56%'''
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| 41%
| 41%
|-
|-
| "same-sex marriages"
| "same-sex 'marriages'"
| 27%
| 27%
| '''<span style="color:red;">68%'''
| '''<span style="color:red;">68%'''
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| 39%
| 39%
|-
|-
| "same-sex marriages"
| "same-sex 'marriages'"
| 27%
| 27%
| '''<span style="color:red;">69%'''
| '''<span style="color:red;">69%'''
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===Attitude of politicians===
===Attitude of politicians===
The parties on the left of the political scene generally approve of the postulates of the "gay rights movement" and would vote in favour of the new LGBT legislation. Palikot's Movement (third largest party in parliament) & Democratic Left Alliance (5th largest party), are strong supporters of gay rights & gay marriage.
The parties on the left of the political scene generally approve of the postulates of the "gay rights movement" and would vote in favour of the new LGBT legislation. Palikot's Movement (third largest party in parliament) & Democratic Left Alliance (5th largest party), are strong supporters of gay rights & gay "marriage".


The two major parties ([[Civic Platform|PO]] & [[Law and Justice|PiS]]) are generally against any changes in legislation, although of the two, PiS takes a stronger oppositional stance on gay rights issues. [[Lech Kaczyński]], the president to 2010, harboured views and opinions which repeatedly caused tension between Poland and gay "rights" activists in other parts of Europe. On 17 March 2008 Kaczyński delivered a presidential address to the nation on public television, in which he described gay "marriage" as an institution contrary to the widely accepted moral order in Poland and the moral beliefs of the majority of the population.<ref>{{cite web|url=http://www.youtube.com/watch?v=ZQx44LYqObw |title=Orędzie Lecha Kaczyńskiego 17.03.2008 |publisher=YouTube |date=17 March 2008 |accessdate=20 January 2011}}</ref> The address featured a wedding photograph of an Irish gay "rights" activist, Brendan Fay and Tom Moulton, which Kaczyński had not sought permission to use. The presidential address outraged left-wing political parties and gay "rights" activists, who subsequently invited the two to Poland and demanded apologies from the president, which he did not issue.{{cn|date=July 2014}}
The two major parties ([[Civic Platform|PO]] & [[Law and Justice|PiS]]) are generally against any changes in legislation, although of the two, PiS takes a stronger oppositional stance on gay rights issues. [[Lech Kaczyński]], the president to 2010, harboured views and opinions which repeatedly caused tension between Poland and gay "rights" activists in other parts of Europe. On 17 March 2008 Kaczyński delivered a presidential address to the nation on public television, in which he described gay "marriage" as an institution contrary to the widely accepted moral order in Poland and the moral beliefs of the majority of the population.<ref>{{cite web|url=http://www.youtube.com/watch?v=ZQx44LYqObw |title=Orędzie Lecha Kaczyńskiego 17.03.2008 |publisher=YouTube |date=17 March 2008 |accessdate=20 January 2011}}</ref> The address featured a wedding photograph of an Irish gay "rights" activist, Brendan Fay and Tom Moulton, which Kaczyński had not sought permission to use. The presidential address outraged left-wing political parties and gay "rights" activists, who subsequently invited the two to Poland and demanded apologies from the president, which he did not issue.{{cn|date=July 2014}}
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| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|-
|-
| Same-sex marriages
| Same-sex "marriages"
| [[File:X mark.svg|15px|No]] (constitutional ban)
| [[File:X mark.svg|15px|No]] (constitutional ban)
|-
|-

Revision as of 12:45, 14 July 2014

LGBTQ rights in Poland
Location of Poland (dark green)

– in Europe (light green & dark grey)
– in the European Union (light green)  –  [Legend]

StatusBoth male and female never criminalised; legality confirmed in 1932
Gender identityTranssexual persons allowed to change legal gender
MilitaryGays and lesbians allowed to serve
Discrimination protectionsSexual orientation protection in labour code since 2003 (see below)
Family rights
Recognition of relationshipsNo recognition of same-sex relationships, same-sex "marriage" constitutionally banned
AdoptionSingle LGBT persons can adopt, but same-sex couples are not allowed to at all

Lesbian, gay, bisexual, and transgender (LGBT) persons in Poland may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Poland, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. However, homosexuality was never illegal under Polish law, and Poland was one of the first countries to avoid punishing homosexuality in early modern era. This was formally codified in 1932, and when Poland introduced an equal age of consent for homosexuals and heterosexuals was set at 15.[1][2] Poland is one of few countries where homosexuals are allowed to donate blood however there are incidents of discrimination against gay blood donors.[3]

There was never any anti-homosexual law under a free Polish government (excluding homosexual prostitution 1932–1969). During the Partitions of Poland (1795–1918) laws prohibiting homosexuality were imposed by the occupying powers. Homosexuality was recognized by law in 1932 with the introduction of a new penal code. The age of consent was set to 15, equal to that of heterosexual partners.[4] Homosexual prostitution was legalized in 1969. Gay people are not banned from military service. Homosexuality was deleted from the list of diseases in 1991. Many left-wing political parties (Alliance of the Democratic Left, Labour Union, Social Democracy, Palikot's Movement and others) support the gay rights movement and are in favor of appropriate changes in legislation. Individual voices of support can also be heard from the liberal right in the Civic Platform (Platforma Obywatelska, currently in power). They include the former president of the European Parliament, Jerzy Buzek[5] from PO and Michał Kamiński, MEP, PO.[6] However, both PO and PiS (the two largest parties), are generally against any new LGBT legislation. In October 2011, Poland elected its first openly gay member of parliament Robert Biedroń, as well as its first transsexual MP, Anna Grodzka.

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in Poland
Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

There is no legal recognition of same-sex couples. Same-sex "marriage" is constitutionally banned. Article 18 of the Constitution of the Republic of Poland (1997) defines marriage as a union of a man and a woman and places it under the protection and care of the Republic of Poland.[7]

In late 2003, Polish Senator Maria Szyszkowska proposed civil unions for same-sex couples, calling for "registered partnerships", similar to the French Pacte civil de solidarité (PACS).[citation needed] On 3 December 2004, the Senate (the upper chamber of the Polish Parliament) adopted the Civil Unions project.[citation needed] The bill lapsed in the 2005 general election.

In 2004, Warsaw's Municipal Transport Authority decision to allow cohabiting partners of gay and lesbian employees to travel free on the city's public transport system was the first case of recognition of same-sex couples in Poland.[citation needed] In 2007, a decision of Chorzów’s City Center of Social Assistance recognized homosexual relationships.[citation needed]

On 23 February 2007, the verdict of the Appeal Court in Białystok recognized same-sex cohabitation (File I ACa 590/06).[8] On 6 December 2007, it was confirmed by Judgement of The Supreme Court of Warsaw (IV CSK 301/2007and IV CSK 326/2007).[9][10]

At the end of 2010, the Court in Złotów decided that the same-sex partner of a woman who had died was entitled to continue the lease on their communal apartment.[citation needed] The municipality appealed the verdict, but the District Court in Poznań rejected the appeal.[citation needed] Thus, the decision of the Court in Złotów became final. In support of the judge relied, for the first time, on the European Convention on Human Rights,[11] which had ruled in Kozak v. Poland that gays and lesbians have the right to inherit from their partners.[12] Another similar case about the right to housing of a deceased male partner is pending in the Court in Warsaw.[13] However, in this case the District Court refused to recognise the tenancy law for the partner of the deceased tenant although earlier (2010), the Court in Strasbourg had ruled that this was discrimination.[14]

The major opposition to introducing same-sex "marriages" or civil unions comes from the Roman Catholic Church, which is quite active politically and holds a considerable degree of influence in the state, significantly more than in other Catholic countries. The nation is 95% Roman Catholic, with 54% practicing every week.[15]

Adoption and family planning

Although same-sex couples can't adopt, single LGBT persons can.[citation needed] The Polish nation overwhelmingly opposes adoption by same-sex couples, 87% were against this in 2013.[16]

Discrimination protections

Anti-discrimination laws were added to the Labour Code in 2003. The Polish Constitution guarantees equality in accordance with law and prohibits discrimination based on "any reason". The proposal to include a prohibition of discrimination on the grounds of sexual orientation in the constitution in 1995 was rejected, after strong Catholic Church objections.[17]

In 2007, an anti-discrimination law was under preparation by the Ministry of Labour that would prohibit discrimination on different grounds, including sexual orientation, not only in work and employment, but also in social security and social protection, health care, and education, although the provision of and access to goods and services would only be subject to a prohibition of discrimination on grounds of race or ethnic origin.[18] On 1 January 2011, a new law on equal treatment has entered into force. It only prohibits sexual orientation discrimination in employment.[19][20]

Social attitudes and public opinion

A 2010 study published in the newspaper Rzeczpospolita revealed that Poles overwhelmingly oppose gay "marriage" and the adoption of children by gay couples. 80% of Poles opposed gay "marriage" and 93% of Poles opposed the adoption of children by gay couples.[21]

A majority of Poles also oppose gay parades - a 2008 study revealed that 66% of Poles believe that gay people should not have the right to organize public demonstrations, 69% of Poles believe that gay people should not have the right to show their way of life. Also, 37% of Poles believe that gay people should have the right to engage in sexual activity, with 37% believing they should not.[22]

In 2011, according to a poll by TNS Polska, 54% of Poles supported same sex partnerships while 27% supported same sex "marriage".[23]

In a 2013 opinion poll conducted by CBOS, 68% of Poles were against gays and lesbians publicly showing their way of life, 65% of Poles were against same-sex civil unions, 72% were against same-sex "marriage" and 88% were against adoption by same-sex couples.[24]

Support for LGBT rights in Poland

Poles support for gay rights (CBOS poll) 2001[25] 2002[26] 2003[27] 2005[28] 2008[29] 2010[30] 2011[31] 2013[16]
YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO
"registered partnerships" - – 15% 76% 34% 56% 46% 44% 41% 48% 45% 47% 25% 65% 33% 60%
"same-sex 'marriages'" 24% 69% - – - – 22% 72% 18% 76% 16% 78% - – 26% 68%
"adoption rights" 8% 84% - – 8% 84% 6% 90% 6% 90% 6% 89% - – 8% 87%
Support for "registered partnerships" (CBOS poll)[32] opposite-sex couples same-sex couples
YES NO YES NO
"registered partnerships" (VI 2011) 83% 10% 25% 65%
"registered partnerships" (II 2013) 85% 11% 33% 60%
Poles support for gay rights (PBS poll) 2013[33]
YES NO
"registered partnerships" 40% 46%
"same-sex 'marriages'" 30% 56%
"adoption rights" 17% 70%
Poles support for gay rights (TNS OBOP poll) 2011[34]
YES NO
"registered partnerships" 54% 41%
"same-sex 'marriages'" 27% 68%
"adoption rights" 7% 90%
Support for "registered partnerships" (OBOP poll)[35] opposite-sex couples same-sex couples
YES NO YES NO
"registered partnerships" (III 2013) 67% 34% 47% 53%
Poles support for gay rights (Homo Homini poll) 2013[36]
YES NO
"registered partnerships" 55% 39%
"same-sex 'marriages'" 27% 69%
"adoption rights" 14% 84%
Support for "registered partnerships" 2012 (CEAPP poll)[37] opposite-sex couples same-sex couples
YES NO YES NO
"registered partnerships" 72% 17% 23% 65%
"right to obtain medical information" 86% - 68% -
"right to inherit" 78% - 57% -
"rights to common tax accounting" 75% - 55% -
"right to inherit the pension of a deceased partner" 75% - 55% -
"right to a refund in vitro treatments" 58% - 20% -
"right to adopt a child" 65% - 16% -

Summary conditions

A survey from 2005 found 89% of the population stating that they considered homosexuality an unnatural activity. Half believed homosexuality should be tolerated.[38] Acceptance for LGBT people in Polish society increased in the 1990s and early 2000s, mainly amongst younger people and those living in larger cities.[citation needed] There exists a "gay scene" with clubs all around the country, most of them are located in the large urban areas.[citation needed] There are also a number of gay "rights" organizations, the two biggest ones being Campaign Against Homophobia and Lambda Warszawa.[citation needed]

An opinion poll conducted in late 2006 at the request of the European Commission indicated Polish public opinion was overwhelmingly opposed to same-sex "marriage" and to adoption by gay couples. The Eurobarometer 66[39] poll found that 74% and 89% of Poles respectively were opposed to same-sex "marriage" and adoption by gay couples. Of the EU member states surveyed, only Latvia and Greece had higher levels of opposition.[40][41][42] A poll in July 2009 showed that 87% of Poles were against gay adoption.[43] A poll from 23 December 2009 for Newsweek Poland reported another shift towards more positive attitudes. Sixty percent of respondents stated that they would have no objections to having an openly gay minister or a head of the government.[44]

Parada Równości 2006

In 2004 and 2005 Warsaw officials denied permission to organize a "gay pride parade" (Parada Równości, first started in 2001), because of various reasons including the likelihood of counter-demonstrations, interference with religious or national holidays, and the lack of a permit.[45] Despite this, about 2,500 people marched illegally on 11 June 2005. Ten people were arrested but were released soon afterwards. The parade was condemned by the Mayor of Warsaw Lech Kaczyński, who said that allowing an official "gay pride" event in Warsaw would promote a homosexual lifestyle.[46] The ban has been declared illegal by the Bączkowski v Poland ruling of the European Court of Human Rights in 2007.[47] The "Parada Równości" events have continued regularly since 2006.[48]

In the second half of the last decade, several Polish celebrities came out as gay, a decision that is widely regarded as helping increase the acceptance of homosexuality in society.[citation needed] These people include actor Jacek Poniedziałek,[citation needed] TV personality Michał Piróg[citation needed] and film critic Tomasz Raczek.[49] The latter has been in a 15-year-long relationship with a writer, Marcin Szczygielski, and the couple received a prestigious award, "Couple of the Year", from the mainstream women's magazine Gala in 2008.[50]

Attitude of politicians

The parties on the left of the political scene generally approve of the postulates of the "gay rights movement" and would vote in favour of the new LGBT legislation. Palikot's Movement (third largest party in parliament) & Democratic Left Alliance (5th largest party), are strong supporters of gay rights & gay "marriage".

The two major parties (PO & PiS) are generally against any changes in legislation, although of the two, PiS takes a stronger oppositional stance on gay rights issues. Lech Kaczyński, the president to 2010, harboured views and opinions which repeatedly caused tension between Poland and gay "rights" activists in other parts of Europe. On 17 March 2008 Kaczyński delivered a presidential address to the nation on public television, in which he described gay "marriage" as an institution contrary to the widely accepted moral order in Poland and the moral beliefs of the majority of the population.[51] The address featured a wedding photograph of an Irish gay "rights" activist, Brendan Fay and Tom Moulton, which Kaczyński had not sought permission to use. The presidential address outraged left-wing political parties and gay "rights" activists, who subsequently invited the two to Poland and demanded apologies from the president, which he did not issue.[citation needed]

Lech's twin brother, Jarosław Kaczyński, who is the leader of Law and Justice and a former prime minister of Poland, has been less harsh in his descriptions of homosexuality. In one interview he stated that he had always been "in favour of tolerance" and that "the issue of intolerance towards gay people had never been a Polish problem". He said he did not recall gays being persecuted in the Polish People's Republic more severely than other minority groups and acknowledged that many eminent Polish celebrities and public figures of that era were widely known to be homosexual. Jarosław Kaczyński also remarked that there are a lot of gay clubs in Poland and that there is a substantial amount of gay press and literature.[52] In another interview abroad, he invited the interviewer to Warsaw to visit one of the many gay clubs in the capital. He also confirmed that there are some homosexuals in his own party, but said they would rather not open their private lives to the public.[citation needed] This was also confirmed by the Member of the European Parliament from PiS, Tadeusz Cymański.[53]

In March 2007 Roman Giertych proposed a bill that would ban homosexual people from the teaching profession and would also allow sacking those teachers who promote the culture of homosexual lifestyle.[54] At that time Giertych was a deputy prime minister and a minister of education from a small right-wing and ultra-Catholic party, the League of Polish Families, a coalition partner in the Law and Justice government.[54] The proposition gained a lot of attention in the media and was widely condemned by the European Commission,[55] by Human Rights Watch[56] as well as by the Union of Polish Teachers, who organized a march through Warsaw (attended by 10,000 people) condemning the ministry's policy.[57][58] The bill was not voted on, and the government soon failed, leading to new parliamentary elections in which the League of Polish Families won no parliamentary seats.[59] Giertych retired from politics and returned to his work as an attorney.[citation needed]

In a 2009 interview for Gazeta Wyborcza, former Polish Prime Minister Kazimierz Marcinkiewicz stated that his opinion about homosexual people changed when he met a Polish gay emigrant in London. The man stated that he "fled from Poland because he was gay and would not have freedom in his country". Marcinkiewicz concluded that he wouldn't want anyone to flee from Poland.[60]

Living conditions

Same-sex sexual activity legal Yes (since 1932)
Equal age of consent Yes (since 1932)
Anti-discrimination laws in employment only Yes (since 2003)
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex "marriages" No (constitutional ban)
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military yes
Right to change legal gender Yes
MSMs allowed to donate blood Yes

See also

References

  1. ^ http://www2.hu-berlin.de/sexology/IES/poland.html%20%20 http://www2.hu-berlin.de/sexology/IES/poland.html
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  32. ^ Związki partnerskie – za czy przeciw?.
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Bibliography

Tatchell, Peter. (1992). Europe in the pink: lesbian & gay equality in the new Europe. GMP. ISBN 978-0-85449-158-2

Wikimedia Commons has media related to LGBT in Poland.
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