LGBT rights in Poland
Location of Poland (dark green) – in Europe (light green & dark grey) – in the European 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 in Poland face legal challenges not experienced by non-LGBT residents.^[1] According to ILGA-Europe's 2024 report, the status of LGBTQ rights in Poland is the worst among the European Union countries.^[2]

Both male and female same-sex sexual activity were decriminalized in 1932, when the country introduced an equal age of consent for homosexuals and heterosexuals, which was set at 15.^[3][4] 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 the Polish Armed Forces, and transgender people are allowed to change their legal gender following certain requirements, which include undergoing hormone replacement therapy.^[5] Polish law bans employment discrimination based on sexual orientation, although such protections may not be effective in practice.^[6] No protections for health services and hate crimes exist. In 2019, the Constitutional Tribunal ruled that the provision of Polish Petty Offence Code, which made it illegal to deny goods and services without "a just cause", was unconstitutional.^[7]

Polish society tends to hold conservative views about issues dealing with LGBT rights. A majority of the Polish population is affiliated with the Catholic Church, and as such, public perception and acceptance of the LGBT community are strongly influenced by Catholic moral doctrines. Article 18 of the Polish Constitution states that "Marriage, as a union of a man and a woman, shall be placed under the protection and care of the Republic of Poland."^[8] According to several jurists, this article bans same-sex marriage.^{[9][10][11][12]} The Supreme Court, the Constitutional Tribunal and the Supreme Administrative Court have 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.^{[13][14][15][16][17]} Poland does not recognise civil unions either, though discussion on this issue is ongoing. While ahead of the 2015 Polish parliamentary election, the ruling Law and Justice (PiS) party had taken an anti-migrant stance, and in the run-up to the 2019 Polish parliamentary election, PiS focused on countering alleged Western "LGBT ideology".^[18] Encouraged by national PiS politicians,^[18] by April 2020^[update], 100 municipalities (including five voivodships), encompassing about a third of the country, informally declared themselves "LGBT-free zones".^[19] However, on the 6th February 2024 Warsaw Voivodship Administrative Court repealed the last "LGBT-free zone" in Poland.^[20]

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 as Warsaw and Kraków. 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 the Campaign Against Homophobia and Lambda Warszawa. Opinion polls on the public perception of LGBTQ rights in Poland have been contradictory, with many showing large support for registered partnerships,^[21] and some indicating a majority of opponents.^[22] 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 the New Left, Labour Union, the Social Democratic Party, Modern, Together and Spring, 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.^[23] In November 2023, a same-sex married couple issued Polish courts to rectify the legality of same-sex marriages.^[24]

Legality of same-sex sexual activity

During the Partitions of Poland (1795–1918) and the German occupation of Poland (1939–1945), laws prohibiting homosexuality were imposed on the territory that makes up the current Polish state.^{[citation needed]}

Following World War I, same-sex activity continued to be formally criminalized in now-independent Poland, because the penal codes of the Russian Empire, the Kingdom of Prussia and the Austria-Hungarian Empire remained in power.^[25] 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.^[26][25]

The new Polish Penal Code of 1932 (Kodeks karny) decriminalized consensual same-sex acts.^[25][27][28] The decision had already been taken in the early 1920s and represented the success of long-lasting transnational advocacy.^[27] Homosexual prostitution remained illegal. According to lawyer Monika 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.^[29]

In 1948 during the Polish People's Republic, age of consent was set to 15, equal to that of heterosexual partners.^[30][31] Homosexual prostitution was legalized in 1969. Homosexuality was removed from the list of diseases in 1991.

Recognition of same-sex relationships

There is no legal recognition of same-sex couples in 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 marriage is not recognized, and Article 18 of the Constitution of Poland states 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."^[32] 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.^[33] 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 the Supreme Court, the Constitutional Tribunal and the Supreme Administrative Court have found the Constitution bans same-sex marriage by defining marriage as a heterosexual-only institution.^{[13][14][15][16][17]}

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 the Suwałki region in 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.^[34]

A civil union bill was first proposed in 2003. In 2004, under a left-wing Government, the Senate approved 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.^[35] The Church also enjoys immense social prestige.^[36] The Church holds that homosexuality is a deviation.^[35] In 2012, the nation was 95% Roman Catholic, with 54% practicing every week.^[37]

In January 2013, the Sejm voted to reject five proposed bills that would have introduced civil partnerships for both opposite-sex and same-sex couples.^[38] The High Court later issued an opinion stating that the bills proposed by the Democratic Left Alliance, Your Movement and Civic Platform were all unconstitutional, as Article 18 of the Constitution protects marriage.^[39] In December 2014, the Sejm refused to deal with a civil partnership bill proposed by Your Movement, with 235 MPs voting against debating the bill, and 185 MPs voting for.^[40] In May 2015, the Sejm again refused to deal with the topic, with 215 MPs voting against and only 146 for. Prime Minister Ewa Kopacz said that civil partnerships were an issue for the next Parliament to deal with.^[41] A new partnership bill was proposed on 12 February 2018 by the Modern party.^[42][43][44]

In June 2018, the European Court of Justice ruled that EU members states must grant married same-sex couples, where at least one partner is an EU citizen, full residency rights and recognise their freedom of movement.^[45]

Poland did not implement this ruling, and in July 2020, the European Court of Human Rights notified 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).^[46]

During Polish re-elections in September 2023, Donald Tusk proposed recognition for same-sex civil partnerships.^[1] 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 president Andrzej Duda, who previously described the LGBT movement as "a foreign ideology" and comparing it to indoctrination in the Soviet Union.^[47][48][49] In November 2023, a Polish same-sex married couple (wed by Germany's marriage law) asked Poland's top court to overturn the nation's ban on same-sex marriage.^[24]

Parliament vote on civil unions

Sejm vote on civil partnerships

Date	On	For	Against	Withheld	Result
25 January 2013	Registered partnership[50]	150	276	23
25 January 2013	Registered partnership[51]	138	284	28
25 January 2013	Registered partnership[52]	137	283	30
25 January 2013	Registered partnership[53]	137	283	30
25 January 2013	Partnership agreement[54]	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 in Białystok recognized a same-sex cohabitation.^[55] On 6 December 2007, this ruling was confirmed by the Supreme Court of Warsaw.^[56]

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.^[57][58] Previously, in March 2010, the European Court of Human Rights ruled, in the case of Kozak v. Poland, that LGBT people have the right to inherit from their partners.^[59]

Adoption and parenting

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

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".^[60]

In July 2020 the President of Poland formally proposed an amendment to the Constitution that would ban adoption by a person in a same-sex relationship.^[61]

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 the COVID-19 virus.

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.^[62]

Discrimination protections

Anti-discrimination provisions were added to the Labour Code (Polish: Kodeks pracy) in 2003. The Polish Constitution guarantees equality in accordance with the law and prohibits discrimination based on "any reason".^[32] 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.^[63]

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.^[64] On 1 January 2011, a new law on equal treatment entered into force. It prohibits sexual orientation discrimination in employment only.^[65][66] In September 2015, Amnesty International concluded 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".^[67]

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".^[6]

In June 2018, the Polish Supreme Court ruled that a Łódź printer 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 Minister Zbigniew Ziobro who called the ruling "against freedom" and "state violence in service of the ideology of homosexual activists".^[68] 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.^[69]

In July 2020 the government of Poland sued IKEA for firing an employee for severe homophobic remarks he made on the company's internal website. Poland's justice minister Zbigniew Ziobro called the dismissal, which was made in accordance with Poland's anti-discrimination laws,^{[failed verification (See discussion.)]} "absolutely scandalous".^[70][71]

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".^[72]

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.^[73]

Gender identity and expression

Legal gender changes have been performed since the 1960s.^[5] 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 from gender dysphoria. The bill was approved 252 to 158. The Senate proceeded to approve the bill in August,^[74] but President Andrzej Duda vetoed it in October. The Parliament failed to override his veto.^[75]

Military service

Since the 1990s,^[76] 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 told NaTemat.pl portal 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".^[77]

Openly transgender people are officially barred from military service on the medical grounds. Diagnosis of gender dysphoria results in being automatically assigned as "permanently and completely unfit for military service, both in the time of conflict and peace".^[78]

Conversion therapy

In February 2019, Modern MPs alongside Campaign Against Homophobia activists submitted a draft bill to the Sejm to ban gay conversion 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 the pseudoscientific practice. The MPs plan to introduce the bill to the Polish Parliament where it will have its first reading in the upcoming months.^[79][80] Such a ban would implement the recommendation of the European Parliament^[81] and United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity.^[82]

In August 2020, the Polish Episcopal Conference released 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".^[82]

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, or RCKiK Bydgoszcz) has included questions about same sex relations among both men and women in their mandatory questionaries, as brought to attention in a letter by Campaign 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.^[83]

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.^[84]

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.^[85][86]

2000–2010

A survey from 2005 found that 89% of the population considered homosexuality an unnatural activity. Nevertheless, half believed homosexuality should be tolerated.^[87]

An opinion poll conducted in late 2006 at the request of the European Commission indicated 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, only Latvia and Greece had higher levels of opposition.^[88][89] A poll in July 2009 showed that 87% of Poles were against gay adoption.^[90] 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.^[91]

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.^[92]

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.^[93]

2011–2020

In 2011, according to a poll by TNS Polska, 54% of Poles supported same-sex partnerships, while 27% supported same-sex marriage.^[94]

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.^[95]

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.^[96]

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".^[97]

An Ipsos survey in October 2019 found that a majority of Polish men under 40 believe that "the LGBT movement and gender ideology" is the "biggest threat facing them in the 21st century".^[98]

Opinion polls

Support for the recognition of same-sex relationships	2001[99]		2002[100]		2003[101]		2005[102]		2008[103]		2010[104]		2011[105]		2013[106]		2017[107]		2019[108]		2022[109]
	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[110]
	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%

Zdroj:https://en.wikipedia.org?pojem=LGBT_rights_in_Poland
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