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Recognition of same-sex unions in Poland

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Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal
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.

In 2004, under the previous left-wing government the Senate approved a bill allowing gay and lesbian people to register their relationships as civil unions. Parties to a civil union under the bill would have been given a great range of benefits, protections and responsibilities (e.g. pension funds, joint tax and death-related benefits), currently granted only to spouses in a marriage although they would not have been allowed to adopt children. The bill lapsed in the 2005 general election.

Only two parties, Alliance of the Democratic Left-Labour Union and Social Democracy of Poland, (both Social Democrats) support the bill, while Civic Platform, League of Polish Families and Law and Justice (all conservative) opposed it. Samoobrona was indifferent and the Polish People's Party did not take a position.

The previous Polish government, led by the Law and Justice party, planned to amend the Polish constitution to constitutionally ban any recognition of same-sex relationships.

A new Registered Partnership bill was proposed to the government of Civic Platform and Polish People's Party in late 2007. However the government rejected this proposal. It was the third bill since public debate on same-sex unions had begun in 2000. The first one to recognise unregistered cohabiting couples (including same-sex) was proposed in 2002. In 2008 a new fourth bill on registered partnerships was being prepared by opposition Alliance of the Democratic Left. However this project had no chances of being passed in the parliament. In the end, Alliance of the Democratic Left did not introduce a bill.

The next debate about the legalization of same-sex registered partnerships began in June 2009. Gay and Lesbian organisations submitted the petition on the matter to the Speaker of the Sejm Bronisław Komorowski (PO).[1] The political climate also changed, in which some politicians from the parties opposed to the legalization of same-sex unions like PO or PiS, including Jerzy Buzek (PO) and Michał Kamiński[2] (PiS), are expressing opinion about the need to regulate certain issues of the same-sex couples. Similarly, in this regard, the attitude changed also with some representatives of the church.[3] On January 2010 the opposition Alliance of the Democratic Left (SLD), in consultation with Gay and Lesbian organisations is preparing a new draft law on registered partnerships. The new bill will be modeled on the same one approved the Senate in 2004 and similar to the French PACS law.[4] However, the bill has no chances to be passed in the current parliament since the other parties PO, PiS and PSL announced that they will not support the bill. However, some believe that a such bill will be finally passed in the next parliament as some expect that the left-wing SLD will join a coalition government after the next parliamentary election, due by October 2011.[5][6][7][8]

On 17 May 2011, the SLD presented a draft law on registered partnership, which will regulate the relationship of same-sex and opposite-sex unmarried couples. This project is similar to the French PACS law.[9][10] Agnieszka Pomaska, Deputy Secretary General of the Civic Platform party (PO) declares that it is time to hold discussions about the legal legitimize informal relationships, both heterosexual and homosexual and that PO is open to talk about Registered Partnerships.[11] [12] Polish Prime Minister Donald Tusk (PO) has declared that the law on registered partnerships would be passed at the beginning of the next term of the Sejm.[13] His statement confirms Speaker of the Sejm Grzegorz Schetyna (PO), who also declare that this bill will not be put to a vote in parliament in this term.[14] Nevertheless, the bill is still in the Sejm and pass procedures to parliamentary debate. Krzysztof Tyszkiewicz, Spokesman of the Parliamentary Club of the Civic Platform party (PO) declared that PO would support proposed by the SLD Bill on registered partnership agreement, but only after the parliamentary elections in October 2011.[15] However, after receiving the petition in favor of the registered partnership agreement bill, signed with 23,500 people, Speaker Schetyna declared that is likely to submit the bill to the first reading into the Parliament after 10 July 2011 (parliamentary session on July 26-29).[16]

Potential vote on the 2011 registered partnership bill

Parliamentary Clubs 1 TOTAL SEATS POSITION
PO (Civic Platform) - Yes for
PiS (Law and Justice) - No against
RP (Palikot's Movement) - Yes for
SLD (Democratic Left Alliance) - Yes for
PSL (Polish People's Party) - No against
TOTAL 460

Notes:

1 Declared support of political parties during the campaign of parliamentary elections in October 2011.[17]

Symbolic recognition

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. In 2007, a decision of Chorzów’s City Center of Social Assistance recognized homosexual relationships. The decision declined to concede social assistance to one partner, recognizing that according to law, persons living in a common relationship in the same household are a family, so that the partner is obligated to care for the first one.

At the end of 2010, the Court in Złotów decided, that the communal apartment after a dead woman to be her partner. The municipality appealed the verdict, the District Court in Poznań, however, rejected the appeal. Thus, the decision of the Court in Złotów became final. "The court found that these women actually remained in a stable partnership. Any other interpretation would lead to discrimination based on sexual orientation," said president of the District Court in Złotów, Adam Jutrzenka-Trzebiatowski. In support of the judge relied, inter alia, European Convention on Human Rights - for the first time in Poland.[18] This is a precedent and courageous decision after the European Court of Human Rights ruled in case Kozak v. Poland that homosexuals have the right to inherit from their partners.

The European Court of Human Rights

The European Court of Human Rights ruled that homosexuals have the right to inherit from their partners.[19]

Public opinion

A poll taken in July 2009 found that 14% of Poles supported same-sex marriage, while 75% were opposed and 11% were not sure.[20] A 2006 Eurobarometer study found 17% support for same-sex marriage, with 76% opposed.[21]

Poles support for gay rights (CBOS/TNS OBOP* polls) 2001[22] 2002[23] 2003[24] 2005[25] 2008[26] 2010[27] 2011*[28]
YES NO YES NO YES NO YES NO YES NO YES NO YES NO
"registered partnerships" - - 15% 76% 34% 58% 46% 44% 41% 48% 45% 47% 54% 41%
"same-sex marriages" 24% 69% - - - - 22% 72% 18% 76% 16% 78% 27% 68%
"adoption rights" 8% 84% - - 8% 84% 6% 90% 6% 90% 6% 89% 7% 90%

See also

References

  1. ^ Petycje: Prawo do zawierania związków
  2. ^ Iain Dale's Diary: EXCLUSIVE: My Interview With Michal Kaminski
  3. ^ Innastrona: Wszyscy na tak, Ustawa o związkach partnerskich w Polsce?
  4. ^ Queerlife.pl: Lewica będzie pracować nad projektem ustawy o związkach partnerskich
  5. ^ Debata nad ustawą coraz bliżej?
  6. ^ Poland's pride?
  7. ^ Registered Partnerships in Poland in 2016?
  8. ^ Związki partnerskie za sześć lat
  9. ^ Projekt ustawy o umowie związku partnerskiego
  10. ^ Projekt SLD dla związków partnerskich
  11. ^ PiS wykorzystuje wszystko, co się da do politycznej rozgrywki
  12. ^ Projekt ustawy o umowie związku partnerskiego
  13. ^ Tusk: Związki partnerskie po wyborach
  14. ^ PO: ustawa o związkach partnerskich jest dobra. Nie będziemy głosować
  15. ^ "Jesteśmy na równi pochyłej. Dziwię się Tuskowi"
  16. ^ Nasze podpisy odniosły skutek! Będzie debata o związkach partnerskich!"
  17. ^ Poselski projekt ustawy o umowie związku partnerskiego (First reading in the Committees)
  18. ^ Precedensowy wyrok w Złotowie
  19. ^ Strasbourg: Polish gays can inherit
  20. ^ Poles Overwhelmingly Reject Same-Sex Marriage: Angus Reid Global Monitor
  21. ^ http://www.ilga-europe.org/europe/news/eu_attitudes_towards_same_sex_marriage_adoption_significantly_vary/attitudes_towards_homosexuality
  22. ^ [1]
  23. ^ [2]
  24. ^ [3]
  25. ^ [4]
  26. ^ [5]
  27. ^ [6]
  28. ^ [7]
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