LGBT rights in Poland

LGBT rights in Poland
Location ofPoland(dark green) – inEurope(light green & dark grey) – in theEuropean Union(light green) – [Legend]
Status	Decriminalized in 1932
Gender identity	Transgender people allowed to change legal gender
Military	Lesbians, gays and bisexuals allowed to serve openly
Discrimination protections	Sexual orientation protections in employment (see below)
Family rights
Recognition of relationships	Limited cohabitation rights
Adoption	Same-sex couples not allowed to adopt

Lesbian, gay, bisexual, and transgender (LGBT) people inPolandface legal challenges not experienced by non-LGBT residents.According toILGA-Europe's 2024 report, the status of LGBTQ rights in Poland is the worst among theEuropean Unioncountries.

Both male and female same-sex sexual activity were decriminalized in 1932, when the country introduced an equalage of consentfor homosexuals and heterosexuals, which was set at 15.Poland provides LGBT people with the same rights as heterosexuals in certain areas: gay and bisexual men are allowed to donate blood, gays and bisexuals are allowed to serve openly in thePolish Armed Forces,and transgender people are allowed to change their legal gender following certain requirements, which include undergoinghormone replacement therapy.Polish law bans employment discrimination based onsexual orientation,although such protections may not be effective in practice.No protections for health services andhate crimesexist.^{[citation needed]}In 2019, theConstitutional Tribunalruled that the provision of Polish Petty Offence Code, which made it illegal to deny goods and services without "a just cause", was unconstitutional.

Polish society tends to holdconservativeviews about issues dealing with LGBT rights. A majority of the Polish population is affiliated with theCatholic Church,and as such, public perception and acceptance of the LGBT community are strongly influenced by Catholic moral doctrines. Article 18 of thePolish Constitutionstates that "Marriage, as a union of a man and a woman, shall be placed under the protection and care of the Republic of Poland."According to several jurists, this article bans same-sex marriage.The Supreme Court, theConstitutional Tribunaland theSupreme Administrative Courthave ruled that Article 18 of the Constitution limits the institution of marriage to opposite-sex couples, and that the legalization of same-sex marriage would require a constitutional amendment.Poland does not recognisecivil unionseither, though discussion on this issue is ongoing. While ahead of the2015 Polish parliamentary election,the rulingLaw and Justice(PiS) party had taken an anti-migrant stance, and in the run-up to the2019 Polish parliamentary election,PiS focused on countering alleged Western "LGBT ideology".Encouraged by national PiS politicians,by April 2020,100 municipalities (including fivevoivodships), encompassing about a third of the country, informally declared themselves "LGBT-free zones".However, on the 6th February 2024Warsaw Voivodship Administrative Courtrepealed the last "LGBT-free zone"in Poland.

Acceptance for LGBT people in Polish society increased in the 1990s and the early 2000s, mainly amongst younger people and those living in larger cities such asWarsawandKraków.There is a visible gay scene with clubs all around the country, most of them located in large urban areas. There are also several gay rights organizations, the two biggest ones being theCampaign Against HomophobiaandLambda Warszawa.Opinion polls on the public perception of LGBTQ rights in Poland have been contradictory, with many showing large support for registered partnerships,and some indicating a majority of opponents.The general trend however is an increase in the support for registered partnerships and same-sex marriage. Many left-wing and liberal political parties, namely theNew Left,Labour Union,theSocial Democratic Party,Modern,TogetherandSpring,have expressed support for the gay rights movement. Legalization of same-sex partnerships is also a part of political programme of Civic Coalition and the Third Way for the 2023 parliamentary elections.In November 2023, a same-sex married couple issued Polish courts to rectify the legality of same-sex marriages.

Legality of same-sex sexual activity

During thePartitions of Poland(1795–1918) and theGerman occupation of Poland(1939–1945), laws prohibiting homosexuality were imposed on the territory that makes up the current Polish state.

FollowingWorld War I,same-sex activity continued to be formally criminalized in now-independent Poland, because the penal codes of theRussian Empire,theKingdom of Prussiaand theAustria-Hungarian Empireremained in power.They mostly criminalized male same-sex acts, though the Austrian code included broader provisions against so-called "same-sex fornication" and was also used against women.

The new Polish Penal Code of 1932 (Kodeks karny) decriminalized consensual same-sex acts.The decision had already been taken in the early 1920s and represented the success of long-lasting transnational advocacy.Homosexual prostitution remained illegal. According to lawyerMonika Płatek,these provisions were applied very broadly to homosexual couples to prevent them living together; any type of gift or paying for a partner's food, clothing, or lodging could be interpreted as prostitution.

In 1948 during thePolish People's Republic,age of consentwas set to 15, equal to that ofheterosexualpartners.Homosexual prostitution was legalized in 1969. Homosexuality was removed from the list of diseases in 1991.

Recognition of same-sex relationships

Main article:Recognition of same-sex unions in Poland

There is no legal recognition ofsame-sex couplesin Poland, though cohabiting same-sex couples do enjoy certain limited benefits, namely in the tenancy of a shared household, the right not to testify against the partner and residency rights under EU law.Same-sex marriageis not recognized, and Article 18 of theConstitution of Polandstates that "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."This has led to much debate over whether or not it is a definitive ban on same-sex marriage. A ruling in 2019 from an administrative court concluded that the language in Article 18 does not explicitly ban same-sex marriage.The justification of the ruling regarding the meaning of Article 18 is not binding. The sentence is binding only on the parties in the proceedings. Earlier judgments of theSupreme Court,theConstitutional Tribunaland theSupreme Administrative Courthave found the Constitution bans same-sex marriage by defining marriage as a heterosexual-only institution.

Historian Kamil Karczewski has documented a homosexual relationship that could be considered the first known case of a same-sex marriage in Poland's history. This union involved Marian Kuleszyński and Stefan Góralski, residents of theSuwałki regionin the early 1920s. Although kept secret and devoid of legal recognition, their commitment was founded on loyalty, the presumption of permanence, and a 'friendship for life oath' that included vows never to separate, to defend and support each other, and to maintain the confidentiality of their relationship. This discovery marks a significant milestone in Poland's LGBTQ+ history, offering insights into the complexities of same-sex relationships in earlier times.

Acivil unionbill was first proposed in 2003. In 2004, under a left-wing Government, theSenateapproved the bill allowing gay and lesbian couples to register their relationship. 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, however.

The major opposition to introducing same-sex marriages or civil unions comes from the Roman Catholic Church, which is influential politically, holding a considerable degree of influence in the state.The Church also enjoys immense social prestige.The Church holds that homosexuality is a deviation.In 2012, the nation was 95% Roman Catholic, with 54% practicing every week.

In January 2013, theSejmvoted to reject five proposed bills that would have introduced civil partnerships for both opposite-sex and same-sex couples.The High Court later issued an opinion stating that the bills proposed by theDemocratic Left Alliance,Your MovementandCivic Platformwere all unconstitutional, as Article 18 of the Constitution protects marriage.In December 2014, the Sejm refused to deal with a civil partnership bill proposed byYour Movement,with 235 MPs voting against debating the bill, and 185 MPs voting for.In May 2015, the Sejm again refused to deal with the topic, with 215 MPs voting against and only 146 for. Prime MinisterEwa Kopaczsaid that civil partnerships were an issue for the next Parliament to deal with.A new partnership bill was proposed on 12 February 2018 by theModernparty.

In June 2018, theEuropean Court of JusticeruledthatEUmembers states must grant married same-sex couples, where at least one partner is an EU citizen, full residency rights and recognise theirfreedom of movement.

Poland did not implement this ruling, and in July 2020, theEuropean Court of Human Rightsnotified the Polish government of cases filed by Polish same-sex couples, inviting the Polish government to present its position on the issue (Andersen v. Poland).

DuringPolish re-electionsin September 2023,Donald Tuskproposed recognition for same-sex civil partnerships.Opposition parties won most seats in the parliament and senate, giving hope to the LGBT community that the bill might be approved. But some analysts say that even if the bill is passed, it may still get vetoed by conservative presidentAndrzej Duda,who previously described theLGBT movementas "a foreign ideology" and comparing it toindoctrination in the Soviet Union.In November 2023, a Polish same-sex married couple (wed byGermany's marriage law) asked Poland's top court to overturn the nation's ban on same-sex marriage.

Parliament vote on civil unions

Sejm vote on civil partnerships

Date	On	For	Against	Withheld	Result
25 January 2013	Registered partnership	150	276	23
25 January 2013	Registered partnership	138	284	28
25 January 2013	Registered partnership	137	283	30
25 January 2013	Registered partnership	137	283	30
25 January 2013	Partnership agreement	211	228	10
18 December 2014	Registered partnership	185	235	18
26 May 2015	Registered partnership	146	215	24

Limited cohabitation rights

On 23 February 2007, the Appeals Court inBiałystokrecognized a same-sex cohabitation.On 6 December 2007, this ruling was confirmed by the Supreme Court ofWarsaw.

While Poland possesses no specific law on cohabitation, it does have a few provisions in different legal acts or Supreme Court rulings that recognise relations between unmarried partners and provides said partners specific rights and obligations. For example, Article 115(11) of the Penal Code (Polish:Kodeks karny) uses the term "the closest person", which covers romantic relations that are not legally formalised. The status of "the closest person" gives the right of refusal to testify against the partner. The term "partner" includes same-sex couples.

A resolution of the Supreme Court from 28 November 2012 (III CZP 65/12) on the interpretation of the term "a person who has lived actually in cohabitation with the tenant" was issued with regard to the case of a gay man who was the partner of a deceased person, the main tenant of the apartment. The Court interpreted the law in a way that recognised the surviving partner as authorised to take over the right to tenancy. The Court stated that the person actually remaining in cohabitation with the tenant - in the meaning of Article 691 § 1 of the Civil Code - is a person connected with the tenant by a bond of emotional, physical and economic nature. This also includes a person of the same sex.Previously, in March 2010, theEuropean Court of Human Rightsruled, in the case ofKozak v. Poland,that LGBT people have the right to inherit from their partners.

Adoption and parenting

Same-sex couples are unable to legally adopt in Poland. Furthermore, lesbian couples do not have access toIVF.

In October 2018, the Supreme Administrative Court ruled that a lesbian couple may register their 4-year-old boy as their child. Polish media described the case as "the first of its kind in Poland".

In July 2020 thePresident of Polandformally proposed an amendment to theConstitutionthat would ban adoption by a person in a same-sex relationship.

In November 2020 a law was proposed to only allow married couples to adopt. This would make it impossible for same-sex couples to adopt, due to same-sex marriage not being allowed in Poland. Demonstrations were unable to be held, due to theCOVID-19virus.

In March 2021, the Polish government announced a new law that banned the adoption of children by same-sex couples. The law will also require authorities to vet candidates applying for adoption as a single parent to ensure that they are not cohabitating with someone of the same sex.

Discrimination protections

Anti-discrimination provisions were added to the Labour Code (Polish:Kodeks pracy) in 2003. ThePolish Constitutionguarantees equality in accordance with the 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 was rejected in 1995, after strong Catholic Church objections.

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.On 1 January 2011, a new law on equal treatment entered into force. It prohibits sexual orientation discrimination in employment only.In September 2015,Amnesty Internationalconcluded that "the LGBTI community in Poland faces widespread and ingrained discrimination across the country" and that "Poland's legal system falls dangerously short when it comes to protecting lesbian, gay, bisexual, transgender and intersex (LGBTI) people and other minority groups from hate crimes".

Between 2015 and 2020, the Polish government has worked to reduce the effectiveness of the anti-discriminatory protections granted to LGBT people under EU law. Examining recent anti-discrimination cases, legal scholar Marcin Górski found that "the principle of equal treatment in Poland appears generally ineffective".

In June 2018, the Polish Supreme Court ruled that aŁódźprinter acted illegally when he refused to print banners for an LGBT business group. The court argued that the principle of equality meant the printer did not have the right to withhold services from the business. The court also ruled that sexual orientation, race or other features of a person cannot be the basis for refusal to offer a service, but that freedom of conscience and religion must also be taken into account. The Campaign Against Homophobia welcomed the ruling, but it was condemned by Justice MinisterZbigniew Ziobrowho called the ruling "against freedom" and "state violence in service of the ideology of homosexual activists".Ziobro filed a case with the Constitutional Tribunal to recognize the provision on the basis of which the printer was convicted as unconstitutional. On 26 June 2019, the Tribunal issued a judgment in which it found that the provision was incompatible with the Polish Constitution.

In July 2020 the government of PolandsuedIKEAforfiringan employee for severe homophobic remarks he made on the company's internal website. Poland's justice ministerZbigniew Ziobrocalled the dismissal,which was made in accordance with Poland's anti-discrimination laws,"absolutely scandalous".

The Polish ministry of Justice is funding a campaign for "counteracting crimes related to the violation of freedom of conscience committed under the influence of LGBT ideology", which is meant to protect people who "suffer under the pressure of new leftist ideologies".

Hate crime laws

As of 2019, a bill is pending in Parliament to provide penalty enhancements if a crime is motivated by the victim's gender, gender identity, age, disability or sexual orientation.

Gender identity and expression

Legal gender changes have been performed since the 1960s.Transgender people seeking to change their legal gender must receive a medical diagnosis. Only after the legal gender has been changed does a transgender individual gain the right to undergo sex reassignment surgery. The reason for this is because any surgery resulting in infertility is prohibited by Polish law (as stated in Polish Penal Code: Kodeks Karny art. 156 §1), with a few exceptions in cases such as uterine cancer or myoma. That is, castration on request is illegal and transgender individual must first seek a legal change, since just a medical diagnosis from a doctor is not enough.

A transgender individual must face a number of obstacles before having their legal gender changed, such as suing their parents. On the basis of offered further evidence (such as a medical diagnosis, medical records, witness/parental statements, etc.) a court may either pass sentence or refuse to do so.

In July 2015, the Polish Sejm approved a transgender recognition bill. Under the bill, transgender people would have been able to change gender without any physical interventions, but would have required statements from mental health experts that they are suffering fromgender dysphoria.The bill was approved 252 to 158. The Senate proceeded to approve the bill in August,but PresidentAndrzej Dudavetoed it in October. The Parliament failed to override his veto.

Military service

Since the 1990s,lesbian, gay and bisexual people are not banned from military service and discrimination against them is officially forbidden. However, there is an unwritten rule of "don't ask, don't tell"and most gay Polish soldiers conceal their sexual orientation. In 2013, military personnel toldNaTemat.plportal that openly gay personnel would face social difficulty, especially for higher ranks, as for "commanding staff - officers and high-ranking NCOs - admitting to same-sex attraction would mean losing respect - qualities without which you simply cannot be a commander".

Openly transgender people are officially barred from military service on the medical grounds. Diagnosis ofgender dysphoriaresults in being automatically assigned as "permanently and completely unfit for military service, both in the time of conflict and peace".

Conversion therapy

Further information:Legality of conversion therapy § Poland

In February 2019,ModernMPs alongsideCampaign Against Homophobiaactivists submitted a draft bill to theSejmto ban gayconversion therapy.The draft bill aims to ban using, promoting or advertising conversion practices. It will also prohibit promoting people or entities that offer, use, advertize or promote thepseudoscientificpractice. The MPs plan to introduce the bill to the Polish Parliament where it will have its first reading in the upcoming months.Such a ban would implement the recommendation of theEuropean ParliamentandUnited Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity.

In August 2020, thePolish Episcopal Conferencereleased a document which recommended the creation of counseling centres "to help people who want to regain their sexual health and natural sexual orientation". It insists that the scientific consensus that conversion therapy is ineffective and potentially harmful to be "political correctness".

Blood donation

In 2005 the Ministry of Health has changed the laws regarding blood donation, eliminating the "risk groups" that included gay men, and replaced them with "risk behaviours" such as frequent changes in sexual partners, or having sexual relations with a HIV-positive persons. As "risk behaviours" can be performed by a person regardless of gender or sexuality, that ensured legal right for queer people to donate blood as long as they have met other requirements.

Despite that, as late as in August 2007 Regional Blood Donation and Treatment Center in Bydgoszcz (pl.: Regionalne Centrum Krwiodawstwa i Krwiolecznictwa w Bydgoszczy,orRCKiK Bydgoszcz) has included questions about same sex relations among both men and women in their mandatory questionaries, as brought to attention in a letter byCampaign Against Homophobia.In a response letter later the same month RCKiK Bydgoszcz has made a choice to reevaluate their questionaries in favour of more non discriminatory language.

In 2008, the National Blood Center proposed regulations banning blood donation by gay and bisexual men, and addition of a question "Have you, as a man, ever had any sexual relations with another men?" into the mandatory pre-donation questionaries. The proposal was quickly rejected by the Institute of Hematology and Transfusion Medicine.

Social attitudes and public opinion

According to Gregory E. Czarnecki, there are some similarities between antisemitism and homophobia in Polish nationalist discourse, especially that both groups are seen as deviant and diseased as well as a threat to the nation.

2000–2010

A survey from 2005 found that 89% of the population considered homosexuality an unnatural activity. Nevertheless, half believed homosexuality should be tolerated.

An opinion poll conducted in late 2006 at the request of theEuropean Commissionindicated that Polish public opinion was overwhelmingly opposed to same-sex marriage and to adoption by same-sex couples. A 2006 Eurobarometer poll found that 74% and 89% of Poles respectively were opposed to same-sex marriage and adoption by same-sex couples. Of the EU member states surveyed, onlyLatviaandGreecehad higher levels of opposition.A poll in July 2009 showed that 87% of Poles were against gay adoption.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 government.

A 2008 study revealed that 66% of Poles believed that gay people should not have the right to organize public demonstrations, 69% of Poles believed that gay people should not have the right to show their way of life. Also, 37% of Poles believed that gay people should have the right to engage in sexual activity, with 37% believing they should not.

In 2010, an IIBR opinion poll conducted for Newsweek Poland found that 43% of Poles agreed that openly gay people should be banned from military service. 38% thought that such a ban should not exist in the Polish military.

2011–2020

In 2011, according to a poll by TNS Polska, 54% ofPolessupported same-sex partnerships, while 27% supported same-sex marriage.

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

In a CBOS opinion poll from August 2013, a majority (56%) of respondents stated that "homosexuality is always wrong and can never be justified". 26% stated that there is nothing wrong with it and can always be justified ". 12% were indifferent.

A CBOS opinion poll from February 2014 found that 70% of Poles believed that same-sex sexual activity "is morally unacceptable", while only 22% believed it "is morally acceptable".

An Ipsos survey in October 2019 found that a majority of Polish men under 40 believe that "the LGBT movement andgender ideology"is the" biggest threat facing them in the 21st century ".

Opinion polls

Further information:Recognition of same-sex unions in Poland § Public opinion

Support for the recognition of same-sex relationships	2001		2002		2003		2005		2008		2010		2011		2013		2017		2019		2022
	YES	NO	YES	NO	YES	NO	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%	36%	56%	35%	60%	64%	30%
"same-sex marriages"	24%	69%	–	–	–	–	22%	72%	18%	76%	16%	78%	25%	65%	26%	68%	30%	64%	29%	66%	48%	42%
"adoption rights"	8%	84%	–	–	8%	84%	6%	90%	6%	90%	6%	89%	–	–	8%	87%	11%	84%	9%	84%	24%	66%

Support for LGBT parenthood	2014
	YES	NO
right for a lesbian to parent a child of her female partner	56%	35%
the situation above is morally acceptable	41%	49%
right for a gay (couple) to foster the child of a deceased sibling	52%	39%
the situation above is morally acceptable	38%	53%

Support for the recognition of same-sex relationships, 2012	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%	–

Support for the recognition of same-sex relationships	2011 TNS OBOP		2013 Homo Homini		2013 IPSOS		2017 IPSOS		2019 IPSOS
	YES	NO	YES	NO	YES	NO	YES	NO	YES	NO
"registered partnerships"	54%	41%	55%	39%	39%	24%	52%	43%	60%
"same-sex marriages"	27%	68%	27%	69%	21%	24%	38%	57%	41%
"adoption rights"	7%	90%	14%	84%	–	–	16%	80%	21%

Acceptance of a homosexual as a... (CBOS,July 2005)	Gay (Yes)	Gay (No)	Lesbian (Yes)	Lesbian (No)
Neighbour	56%	38%	54%	40%
Co-worker	45%	50%	42%	53%
Boss	41%	53%	42%	53%
MP	37%	57%	38%	56%
Teacher	19%	77%	21%	75%
Childminder	11%	86%	14%	83%
Priest	13%	82%	–	–

Public opinion

Counter-protest at the 2019 Rzeszówequality march:"afag's place is under the boot! "

Public opinion on same-sex marriage (2023) based onPew Research Center

Strongly favor (13%)

Somewhat favor (28%)

Not sure (5%)

Somewhat oppose (18%)

Strongly oppose (36%)

AGLOBSECsurvey conducted in March 2023 showed that 54% of Poles supported LGBT rights, such as same-sex marriage, while 38% were opposed.

According to Polish respondents to theEuropean Union Agency for Fundamental Rights2019 EU LGBTI survey II:

• 83% often or always avoid holding hands with their same-sex partner (61% in the EU at large) — second-highest rate in the EU
• 51% often or always avoid certain locations for fear of being assaulted (33%) — the highest rate in the EU
• 27% are often or always open about being LGBT (47%)
• 26% felt discriminated against at work in the past year (21%)
• 47% felt discriminated against in at least one area of life in the past year (42%)
• 42% were harassed in the past year (38%)
• 15% have been attacked in the past 5 years (11%) — the highest rate in the EU
• 1 in 5 trans and intersex people were physically or sexually attacked in the past five years
• 19% say that LGBTI prejudice and intolerance has dropped in their country in the last five years (40%); 68% say they have risen (36%)
• 4% believe that their national government effectively combats prejudice and intolerance against LGBTI people (33%) — the lowest rate in the EU

According to the survey, Poland has the largest gap in the EU between life satisfaction of LGBTI people and the general population.

The 2023 Eurobarometer found that 50% of Polish people thought same-sex marriage should be allowed throughout Europe (45% disagreed), and 55% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".

An Ipsos poll in June 2024 have found that 67% of Poles support the right of same-sex couples to marry or legally register their relationship.

A poll conducted in April 2024 by United Surveys showed growing support for recognition of same-sex families in Poland with 50% of respondents supported same-sex marriage and 66% supported same-sex civil partnership. 86% of supporters of the ruling coalition supported same-sex marriage and 97% supported same-sex civil partnership.

Politics

The parties on the left of the political scene generally approve of the postulates of the gay rights movement and vote in favour of LGBT legislation. The New Left, Modern,Labor United,andYour Movement,are supporters of LGBT rights. More socially right-wing parties, such asPiS,Confederation,AgreementandPSL,are generally against any changes in legislation. Out of these, PiS takes the strongest oppositional stance on homosexual issues.

While the currentopposition,theCivic Platformwas strongly disapproving towards LGBT legislation when it was the ruling party in Poland, as of late its leaders have started expressing more favourable stances towards the community.

In 2013, formerPresidentandNobel prizewinnerLech Wałęsasaid that gay MPs should sit at the back of the Parliament or even behind a wall and should not have important positions in Parliament. He also said that pride parades should not take place in the city centres, but in the suburbs of cities. The former president also stated that minorities should not impose themselves upon the majority. Wałęsa could not have been accused of inciting to hatred because the Polish Penal Code does not include inciting to hatred against sexual orientation.

TheCouncil of Europehas highlighted "homophobic statements by leading public figures, creating an atmosphere of hate and intolerance" since 2007. In December 2020, theCouncil of Europe Commissioner for Human Rights,Dunja Mijatović,stated that she was "deeply concerned about the propagation of negative and inflammatory homophobic narratives by many public officials in Poland, including people in the highest ranks of government... Stigmatisation and hate directed at certain individuals or groups of people carry a real risk of legitimising violence, sometimes with fatal consequences."

Law and Justice

After the2005 elections,theLaw and Justiceparty (PiS) came to power. They formed a coalition government with theLeague of Polish Families(LPR) and theSelf-Defence Party(Samoobrona). The politicians of these parties have often been labelled as "homophobic" by LGBT rights activists, both before and after the 2005 elections.Prominent government figures have made several homophobic and unscientific comments with regards to homosexuality, and have tried to suppressfreedom of speechandfreedom of assemblyfor LGBT people:

"Let's not be misled by the brutal propaganda of homosexuals' postures of tolerance. It is a kind of madness, and for that madness, our rule will indeed be for them a dark night"

— Kazimierz Michał Ujazdowski,PiS, 3 October 2005

"If a person tries to infect others with their homosexuality, then the state must intervene in this violation of freedom."

— Kazimierz Marcinkiewicz,Prime Minister, PiS, 11 May 2006

"If deviants begin to demonstrate, they should be hit with batons."

— Wojciech Wierzejski,LPR, 9 October 2006

On 5 July 2006, Mayor of WarsawMiroslaw Kochalskistated, in relation to theParada Równości,that the march was "immoral and a danger to the inhabitants of Warsaw."

On 7 August 2006, Paweł Zyzak, editor in chief of a PiS magazine,Right Turn!,wrote that homosexuals were "animals" and "the emissaries of Satan sent to destroy the Catholic Church".

In the city ofKoscierzyna,Waldemar Bonkowski, a leading member of PiS, hung up a banner that read, "Today it’s gays and lesbians – what’s next,zoophilia?Is that liberty and democracy? No, that’s syphilisation! OurPolish popeis looking down from the sky and asking, 'Whither goest thou, Poland?' "on the wall of the local party headquarters.

During the presidential campaign before the2005 election,Lech Kaczyński,who won the election, stated that he would continue to ban LGBT demonstrations, as he did whileMayor of Warsaw,and that "public promotion of homosexuality will not be allowed".

On 17 March 2008, Kaczyński delivered a presidential address to the nation on public television, in which he described same-sex marriage as an institution contrary to the widely accepted moral order in Poland and the moral beliefs of the majority of the population. The address featured a wedding photograph of anIrishgay 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.

On 30 August 2006, during a visit to the European Commission, Lech's twin brother,Jarosław Kaczyński,as the Prime Minister of Poland, stated that "people with such preferences have full rights in Poland, there is no tradition in Poland of persecuting such people". He also asked the President of the European Commission,Jose Manuel Barroso"not to believe in the myth of Poland as an anti-Semitic, homophobic and xenophobic country".

Jarosław Kaczyński 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 thePolish People's Republicmore 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.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. This was also confirmed by the Member of the European Parliament from PiS,Tadeusz Cymański.

In a 2009 interview forGazeta Wyborcza,former Polish Prime MinisterKazimierz Marcinkiewiczstated 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 would not want anyone to flee from Poland.

In a 2015 interview,President-elect,Andrzej Duda,originally from thePiSparty, was asked if he would hire a homosexual. He answered that he would not care about personal relationships, as long as the person who was to be hired was not running around half-naked.Andrzej Duda also stated that "matters that are vital for society are not dealt with while others, undoubtedly connected with the leftist ideology, are being pushed forward. They are, in my view, destroying the traditional family which, since the dawn of mankind, has assured its development and endurance."

In November 2018, it was reported thatPresidentAndrzej Dudawould support a ban on "homosexual propaganda", based on theRussian gay propaganda law.He said: "I think that this kind of propaganda should not take place in schools, it has to be calmly and consistently opposed", and that "[i]f such a law was created and would be well written, I do not exclude that I would approach it seriously." Such a law would violate the Polish Constitution and theEuropean Convention on Human Rights.

In November 2018, following government pressure and threats, more than 200 schools cancelled a planned anti-bullying campaign called "Rainbow Friday", which the Campaign Against Homophobia had promoted in hopes of building greater acceptance for LGBT students in Poland and fighting hatred and homophobia in schools. TheMinister of Education,Anna Zalewska,had warned that any principals who allowed such events to take place could face negative consequences. She also asked parents to report any such activities to authorities,however it was reported that many students defied the ban and turned up to school in rainbow colors regardless, and that many schools also refused to comply with the warnings.

In April 2019, Conservative party chairmanJarosław Kaczyńskicalled the LGBT rights movement a "foreign imported threat to the nation". During a lecture on patriotism, Kaczynski also said "everyone must accept Christianity".That same month, after an activist displayed posters of theBlack Madonnawith a rainbow halo, Interior MinisterJoachim Brudzinskidenounced the posters as "cultural barbarism". The activist was subsequently arrested by the police on charges of "offending religious feelings".Amnesty Internationalcondemned the arrest as "just another example of the constant harassment" and said that the activist "now faces up to two years in prison if found guilty under these absurd charges".

In June 2019, the newly appointedMinister of National Education,Dariusz Piontkowski,criticised an LGBT rights declaration thatMayor of WarsawRafał Trzaskowskihad signed, saying that it was "an attempt to sexualize children by force" and "raise children who will be given away to pedophiles at some point".

League of Polish Families

In the2005 election,theLeague of Polish Families(LPR) won 8% of the vote and 34 seats in theSejm.They entered into acoalitiongovernmentwithPiSandSamoobrona.On 19 May 2006,Mirosław Orzechowski,Deputy Minister of Education, stated that an international project organized by LGBT NGOs and financially supported by the European Commission Youth Programme would lead to the "depravity of young people".Wojciech Wierzejskiwas aMember of the European Parliament,and then a Deputy of the Sejm from the League of Polish Families. In June 2005, while in theEuropean Parliament,he called for "no tolerance for homosexuals and deviants".

On 11 May 2006, while an MP, Wierzejski condemned the WarsawParada Równości.While condemning the parade, he stated the "deviants" should be "hit with batons". He also commented on the possible presence ofGermanpoliticians at the parade, saying that "they are not serious politicians, but just gays and a couple of baton strikes will deter them from coming again. Gays are cowards by definition."A day later, he wrote a letter to the Minister of the Interior and Administration and the Minister of Justice, in which he called for law enforcement agencies to check the legal and illegal sources of financing of the organizations of homosexual activists. He accused LGBT organisations of being involved with paedophiles and the illegal drug trade. He also wished to check if homosexual organisations penetrated Polish schools. In response to this, the State Prosecutor ordered all prosecutors to carefully check the financing of LGBT organizations, their alleged connections to criminal movements and their presence in schools.On 2 June 2006, a complaint about Wierzejski's statements had been rejected by the Warsaw district prosecutor, because "the statements cannot be treated as threatening or encouraging to crime".

On 8 June 2006,Roman Giertych,the Deputy Prime Minister of Poland and Minister of Education, dismissed Mirosław Sielatycki, the director of the National In-Service Teacher Training Centre, because "a lot of books were encouraging teachers to organize meetings with LGBT non-governmental organizations such asCampaign Against HomophobiaorLambda"and because" these books were criticising the legal situation in most European countries, including Poland, in relation to non-recognition of gay marriage as being a form of discrimination ". The new director of the centre said that" homosexual practices lead to drama, emptiness and degeneracy. "

On 21 May 2006, Roman Giertych said that "LGBT organizations are sending transsexuals to kindergartens and asking children to change their sex".

In March 2007,Roman Giertychproposed a bill that would have banned homosexual people from the teaching profession and would also have allowed sacking those teachers who promote "the culture of homosexual lifestyle".At that time, Giertych was theDeputy Prime Minister of Polandand the Minister of Education.The proposition gained a lot of attention in the media and was widely condemned by theEuropean Commission,byHuman Rights Watch,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.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.

In 2007, PBS conducted an opinion poll associated with Roman Giertych's speech at a meeting of EU education ministers in Heidelberg. The pollster asked respondents if they agreed with Minister Giertych's statements:

• "Homosexual propaganda is growing in Europe, is reaching the younger children and is weakening the family."– 40% agreed, 56% disagreed.
• "Homosexual propaganda needs to be limited, so children will not have an improper perspective on the family."– 56% agreed, 44% disagreed.
• "Homosexuality is a deviation, we cannot promote as a normal relationship one between persons of the same sex in teaching young people, because objectively they are deviations from the natural law."– 44% agreed, 52% disagreed.

Civic Platform

In February 2019,MayorRafał Trzaskowski,member of the Civic Platform, signed a 12-point LGBT declaration. Proposed actions range from providing shelter to LGBT teenagers rejected by their families, the introduction of local crisis intervention helplines, and providing access to anti-discrimination and sex education at city schools.

Your Movement

Your Movementsupports LGBT rights, including same-sex marriage and civil unions. A prominent party member is a gay activist, former member of the Sejm (2011–2014) and former Mayor ofSłupsk(2014–2018)Robert Biedroń.He has been described as a young, rising political star in Poland, and is viewed as a frontrunner for the presidency. Former PresidentAleksander Kwasniewskihas urged him to run for president in2020.Opinion polls currently put him in third place, behindAndrzej DudaandDonald Tusk.

Biedroń has spoken of significant societal change towards homosexuality and LGBT people. He had occasionally been publicly beaten on the streets and insulted, but said in 2018 that residents now smile and greet him. As a mayor, Biedroń marries local couples. "I’m extremely jealous because I see their happiness. I’m 15 years with my partner and it’s still a dream. It’s not fair that in 2018 two adults cannot get married if they love each other and are committed to each other.", he said.

Spring

In February 2019, LGBT activistRobert BiedrońlaunchedSpring,a new progressive political party proposing to introducecivil partnershipsfor opposite-sex and same-sex couples, and the legalisation ofsame-sex marriage.As of August 2019, the party has three MEPs. The party is now a member of theNew Leftcoalition, which currently serves in government.

"LGBT-free zones"

Main article:LGBT-free zone

Map of Poland, LGBT-free zones declared (as of January 2020) on avoivodeship,powiatorgminalevel marked in red.

While ahead of the2015 Polish parliamentary election,the rulingLaw and Justice(PiS) party took an anti-migrant stance, in the run-up to the2019 Polish parliamentary electionthe party has focused on countering Western "LGBT ideology".Several Polish municipalities and four Voivodeships made so-called "LGBT-free zone"declarations, partly in response to the signing of a declaration in support of LGBT rights by Warsaw MayorRafał Trzaskowski.While only symbolic, the declared zones signal exclusion of the LGBT community. The right wingGazeta Polskanewspaper issued "LGBT-free zone" stickers to readers.The Polish opposition and diplomats, including US Ambassador to PolandGeorgette Mosbacher,condemned the stickers.The Warsaw District Court ordered that distribution of the stickers should halt pending the resolution of a court case.However, Gazeta's editor dismissed the ruling saying it was "fake news" and censorship, and that the paper would continue distributing the sticker.Gazeta continued with the distribution of the stickers, but modified the decal to read "LGBT Ideology-Free Zone".

In August 2019, LGBT community members stated that they feel unsafe in Poland. TheAll Outorganization launched a campaign to counter the attacks. Some 10,000 people signed a petition shortly after the campaign launch.

During the coronavirus pandemic in April 2020, several LGBT activists began handing out rainbow facemasks within certain of the concerned local government areas as a direct protest of the "LGBT-free zoning".

In July 2020, the town council ofNieuwegein,a Dutch city south ofUtrecht,voted to end its friendship withPuławyin eastern Poland, citing "gay free zones" as the reason.

Since July 2020, theEuropean Unionhas started denying funds to municipalities that adopted "LGBT-free" declarations.

In September 2020, ambassadors from 50 countries stationed in Poland published an open letter "[paying] tribute to the hard work of LGBTI and other communities in Poland and around the world" and calling to "end discrimination in particular on the basis of sexual orientation or gender identity".Polish Prime MinisterMateusz Morawieckirejected the call, saying that "tolerance belongs to Polish DNA... Nobody needs to teach us tolerance, because we are a nation that has learned such tolerance for centuries", while senior politicianJoachim Brudzinskitweetedthat "we are waiting with hope for the next letter, this time in defense of murdered Christians, imprisoned #ProLife activists, people dismissed from work and persecuted for quoting the Bible, [and] people subjected to euthanasia against their will."

According to a December 2020 report by theCouncil of Europe Commissioner for Human Rights,"Far from being merely words on paper, these declarations and charters directly impact the lives of LGBTI people in Poland."

LGBT movement and activism

Parada Równościin 2007

Anti-gay protesters at the WarsawParada Równościin 2006

The 2018Kraków Pride parade

Equality marches

Main article:Equality marches in Poland

The largest aspect of theLGBT movementin Poland is theequality paradeheld inWarsawevery year since 2001.

In 2004 and 2005, Warsaw officials denied permission to organize it, because of various reasons including the likelihood of counter-demonstrations, interference with religious or national holidays, and the lack of a permit.Despite this, about 2,500 people marched illegally on 11 June 2005. Ten people were arrested. The ban has been declared illegal by theBączkowski v Polandruling of theEuropean Court of Human Rightsin 2007.

The parade was condemned by theMayor of WarsawLech Kaczyński,who said that allowing an official pride event in Warsaw would promote a "homosexual lifestyle".

The Parada Równości events have continued regularly since 2006, attractingcrowdsof less than 10,000 every year, until 2015 when the parade attracted 18 thousand attendees.Since then, attendance has increased dramatically, culminating in the 2018 parade which attracted 45,000 attendees.On 8 June 2019, around 50,000 people marched in the event.MayorRafał Trzaskowskiparticipated in the event for the first time and said that he wantedWarsawto remain "open" and "tolerant."

In 2005, 33% of the Warsaw population were for the organisation of the Parada Równości. In 2008, that figure fell to 25%.

A 2010 opinion poll, conducted by PBS forGazeta Wyborcza,showed that 45% of Warsaw residents supported the parade.

In recent years, the parade has attracted widespread support from corporations and regional governments. The main partner of the 2018 parade was the regional Government of theMasovian Voivodeship,of which Warsaw is a part.

Public opinion

In a 2014 survey, conducted byCBOSfor Dr. Natalia Zimniewicz, 30% of Poles wanted a ban on public promotion of gay content, and 17.3% would not support that ban, but would want another form of limiting the freedom of promotion of such information.

52.5% thought that the current scale of promotion of gay content is excessive, 27.9% thought that pictures of gay parades or practices disgust them, 22.3% thought that the media blur the true image of homosexuality and 29.3% thought that gay content is not a private matter of the homosexual community, but affect children and other citizens.

Summary table

	Yes/No	Notes
Same-sex sexual activity
Same-sex sexual activity legal		Since 1932
Equal age of consent (15)		Since 1932
Discrimination laws
Anti-discrimination laws in employment		Since 2003,but not consistently enforced
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in education
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)		Proposed
Anti-discrimination laws concerning gender identity		Proposed
Hate crime laws concerning sexual orientation and gender identity		Proposed
Same-sex unions
Same-sex marriages		SinceComan v. Romania(2018), EU countries are required to recognize all marriages performed in other EU countries for some residency purposes.Proposed to recognize Same-sex marriage from abroad.
Civil partnerships		Proposed
Recognition of same-sex couples
Adoption and parenting
Adoption by individuals		Yes
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
Commercial surrogacy for gay male couples		Banned regardless of sexual orientation
Access to IVF for lesbians		Available only for women in heterosexual relationships
Other
Conversion therapy banned
Lesbians, gays and bisexuals allowed to serve openly in the military
Right to change legal gender	/	Since 1995. Birth certificates are immutable. Instead, an addendum is appended in the birth certificate wrt. the sex change court order and legal name change.Proposed to faster change
MSMsallowed to donate blood		Since 2005

See also

• Homofonia
• Human rights in Poland
• LGBT history in Poland
• LGBT rights in Europe
• LGBT rights in the European Union
• List of LGBT politicians in Poland

References

Bibliography

Karczewski, Kamil. (2022). Transnational Flows of Knowledge and the Legalisation of Homosexuality in Interwar Poland.Contemporary European History,1-18. doi:10.1017/S0960777322000108

Karczewski, Kamil. (2022). “Call Me by My Name:” A “Strange and Incomprehensible” Passion in the Polish Kresy of the 1920s.Slavic Review,81(3), 631-652. doi:10.1017/slr.2022.224

Tatchell, Peter. (1992).Europe in the pink: lesbian & gay equality in the new Europe.GMP.ISBN978-0-85449-158-2

External links

• "Lesbian, Gay, Bisexual and Transgender Rights in Poland and Latvia".Amnesty International.15 November 2006. Archived fromthe originalon 28 November 2006.
• Abramowicz, Marta (2007).Situation of bisexual and homosexual persons in Poland. 2005 and 2006 report(PDF).Warsaw.ISBN978-83-924950-2-4.Archived fromthe original(PDF)on 12 May 2008.{{cite book}}:|work=ignored (help)CS1 maint: location missing publisher (link)
• "Rainbow Europe: Poland".ILGA-Europe.