LGBT rights in Poland
Lesbian, gay, bisexual, and transgender (LGBT) people in Poland face legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2023 report, the status of LGBTQ rights in Poland is the worst among the European Union countries.
LGBT rights in Poland | |
---|---|
Location of Poland (dark green) – in Europe (light green & dark grey) | |
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 |
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. 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. Polish law bans employment discrimination based on sexual orientation, although such protections may not be effective in practice. 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.
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." According to several jurists, this article bans same-sex marriage. 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. 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". Encouraged by national PiS politicians, by April 2020, 100 municipalities (including five voivodships), encompassing about a third of the country, informally declared themselves "LGBT-free zones". However, in the day of 6th February 2024 Warsaw Voivodship Administrative Court repealed the last one "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 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, 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 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. In November 2023, a same-sex married couple issued Polish courts to rectify the legality of same-sex marriages.