Poland does not legally recognize
same-sex unions
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
, either in the form of
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
or
civil unions
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
. In 2012, the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled that same-sex couples have limited legal rights in regards to the tenancy of a shared household. A few laws also guarantee certain limited rights for unmarried couples, including couples of the same sex. Same-sex spouses also have access to residency rights under
EU law.
Article 18 of the Polish Constitution,
adopted in 1997, was frequently interpreted as banning
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
,
but the latest (2019) court ruling states that it does not preclude their existence.
[
]
Unregistered cohabitation
While Poland
Poland, officially the Republic of Poland, , is a country in Central Europe. Poland is divided into Voivodeships of Poland, sixteen voivodeships and is the fifth most populous member state of the European Union (EU), with over 38 mill ...
does not have a specific law on cohabitation, there are some provisions in various legal acts or Supreme Court rulings that recognise relations between unmarried partners and grant them specific rights and obligations. For example, Article 115(11) of the Penal Code ( pl, 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" is not explicitly defined. A March 2016 landmark decision of the Supreme Court regarding same-sex partners' rights confirmed that the wording also includes same-sex partners.
Other laws also provide limited recognition for same-sex couples. For instance, since 2004, when one partner is entitled to social benefits, the income of the other partner is also taken into consideration. Under Article 6.14 of the ''Social Aid Act of 12 March 2004'' ( pl, Ustawa z dnia 12 marca 2004 r. o pomocy społecznej), entitlement to social benefits is dependent on the income per person in a family. The term "family" is used in the act to refer to people who are married, in a ''de facto'' partnership, living together and have a common household. Since 2008, if one partner suffers an accident or is seriously ill, the other partner is considered as a next of kin for medical purposes. Under Article 3.1(2) of the ''Patients' Rights Act of 6 November 2008'' ( pl, Ustawa z dnia 6 listopada 2008 r. o prawach pacjenta i Rzeczniku Praw Pacjenta), the definition of "next of kin" ( pl, osoba bliska) includes a "person in a durable partnership" ( pl, osoba w trwałym pożyciu).
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, the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
ruled, in the case of ''Kozak v. Poland'', that LGBT people have the right to inherit from their partners.
In one case in 2011, a Polish writer, Izabela Filipiak
Izabela Filipiak (born 1961 in Gdynia) is a Polish writer, an essayist, a columnist, and a scholar.
Biography
She debuted in the beginning of the 90s as one of the most distinct figures of Polish literary life. In her short stories and essays, sh ...
, managed to get a residency card for her American partner.
In 2018, a lesbian couple was granted the right to register their British-born son as their own.
Limited symbolic recognition
In 2004, the Warsaw
Warsaw ( pl, Warszawa, ), officially the Capital City of Warsaw,, abbreviation: ''m.st. Warszawa'' is the capital and largest city of Poland. The metropolis stands on the River Vistula in east-central Poland, and its population is official ...
Public Transport Authority's 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
Chorzów ( ; ; german: link=no, Königshütte ; szl, Chorzōw) is a city in the Silesia region of southern Poland, near Katowice. Chorzów is one of the central cities of the Upper Silesian Metropolitan Union – a metropolis with a population ...
's City Center of Social Assistance recognized persons living in a common relationship in the same household as a family, for various purposes associated with the center.
At the end of 2010, a court in Złotów
Złotów (german: Flatow) is a town in northwestern Poland, with a population of 18,303 inhabitants (2011). Today it is part of Greater Poland Voivodeship (province), previously being in Piła Voivodeship (1975–1998). Since 1999 Złotów has ...
decided that the same-sex partner of a woman who had died was entitled to continue the lease on their communal apartment. The municipality appealed the verdict, but the District Court in Poznań
Poznań () is a city on the River Warta in west-central Poland, within the Greater Poland region. The city is an important cultural and business centre, and one of Poland's most populous regions with many regional customs such as Saint Joh ...
rejected the appeal. Thus, the decision of the Złotów court 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 the president of the District Court in Złotów, Adam Jutrzenka-Trzebiatowski.
2018 European Court of Justice ruling
On 5 June 2018, the European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Unio ...
(ECJ) ruled that European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
member states (including Poland) must recognise the freedom of movement
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights' ...
and residency rights of same-sex spouses, provided one partner is an EU citizen. The Court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. Furthermore, the Court ruled that the term "spouse" is gender-neutral, and that it does not necessarily imply a person of the opposite sex.
Registered partnerships
Before 2005
The first legislative proposal to recognise unregistered cohabiting couples (including same-sex couples) was proposed in 2002, but did not advance.
In 2004, under a left-wing government, the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
approved a bill allowing gay and lesbian couples to register their relationships as civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s. The civil unions proposed by the bill would have given couples a range of benefits, protections and responsibilities currently granted only to opposite-sex married couples, including pension funds, joint tax and death-related benefits, but did not grant the right to adopt children. The bill was passed with 38 votes in favour, 23 against and 15 abstentions. It lapsed due to the 2005 general election.
Only two parties, the Democratic Left Alliance
The Democratic Left Alliance () was a social-democratic political party in Poland. It was formed in 9 July 1991 as an electoral alliance of centre-left parties, and became a single party on 15 April 1999. It was the major coalition party in P ...
-Labour Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
(SLD) and the Social Democracy of Poland
The Social Democracy of Poland ( pl, Socjaldemokracja Polska, SDPL) is a social-democratic political party in Poland.
Foundation
The party was founded in April 2004 as a splinter group from the post-communist Democratic Left Alliance (SLD). The ...
(both social democratic parties) supported the bill, while Civic Platform
Civic Platform ( pl, Platforma Obywatelska, PO)The party is officially the Civic Platform of the Republic of Poland (''Platforma Obywatelska Rzeczypospolitej Polskiej''). is a political party in Poland. It is currently led by Donald Tusk.
It w ...
(PO), the League of Polish Families
The League of Polish Families ( Polish: ''Liga Polskich Rodzin'', LPR) is a conservative political party in Poland, with many far-right elements in the past. The party's original ideology was that of the National Democracy movement which was hea ...
and Law and Justice
Law and Justice ( pl, Prawo i Sprawiedliwość , PiS) is a right-wing populist and national-conservative political party in Poland. Its chairman is Jarosław Kaczyński.
It was founded in 2001 by Jarosław and Lech Kaczyński as a direct ...
(PiS) opposed it. Samoobrona
Self-Defence of the Republic of Poland ( pl, Samoobrona Rzeczpospolitej Polskiej, SRP) is a nationalist, populist, and agrarian political party and trade union in Poland. Its platform combines left-wing populist economic policies with religious c ...
was neutral, and the Polish People's Party
The Polish People's Party ( pl, Polskie Stronnictwo Ludowe, PSL) is an agrarian political party in Poland. It is currently led by Władysław Kosiniak-Kamysz.
Its history traces back to 1895, when it held the name People's Party, although i ...
(PSL) did not take a position.
2005–2011
A new registered partnership
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriag ...
bill was proposed to the Government of Civic Platform
Civic Platform ( pl, Platforma Obywatelska, PO)The party is officially the Civic Platform of the Republic of Poland (''Platforma Obywatelska Rzeczypospolitej Polskiej''). is a political party in Poland. It is currently led by Donald Tusk.
It w ...
and the Polish People's Party
The Polish People's Party ( pl, Polskie Stronnictwo Ludowe, PSL) is an agrarian political party in Poland. It is currently led by Władysław Kosiniak-Kamysz.
Its history traces back to 1895, when it held the name People's Party, although i ...
in late 2007, but was rejected. In 2008, a new fourth bill on registered partnerships was being prepared by the opposition SLD, but stood no chance of being passed in the Parliament and was therefore never introduced.
In June 2009, gay and lesbian organisations submitted a petition calling for registered partnerships to the Speaker of the Sejm, Bronisław Komorowski
Bronisław Maria Komorowski (; born 4 June 1952) is a Polish politician and historian who served as President of Poland from 2010 to 2015.
Komorowski served as Minister of Defence from 2000 to 2001. As Marshal of the Sejm, Komorowski exercis ...
(PO). By this point, some politicians from parties opposed to same-sex unions, including Jerzy Buzek
Jerzy Karol Buzek (born 3 July 1940) is a Polish politician and Member of the European Parliament from Poland. He has served as Prime Minister of Poland from 1997 to 2001, since being elected to the European Parliament in 2004, he served as Pr ...
(PO) and Michał Kamiński
Michał Tomasz Kamiński (born 28 March 1972) is a Polish politician and a member of the Senate with the Union of European Democrats. He was chairman of the European Conservatives and Reformists in the European Parliament from July 2009 until M ...
(PiS), had expressed support for certain rights being granted to same-sex couples. Attitudes from some representatives of the church had also changed. In January 2010, the opposition SLD, in consultation with gay and lesbian organisations, prepared a new draft law on registered partnerships, modelled on the bill approved by the Senate in 2004 and similar to the French ''pacte civil de solidarité
In France, a civil solidarity pact (french: pacte civil de solidarité), commonly known as a ''PACS'' (), is a contractual form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so ...
'' (PACS). However, the bill had no chance of getting passed in Parliament as PO, PiS and PSL announced that they would not support the bill.
On 17 May 2011, the SLD presented a draft law on registered partnerships
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
, which would regulate the relationships of same-sex and opposite-sex unmarried couples, similar to the French PACS law.[Projekt ustawy o umowie związku partnerskiego](_blank)
(PDF) . Retrieved 20 November 2011. Agnieszka Pomaska, Deputy Secretary-General of the Platforma Obywatelska
Civic Platform ( pl, Platforma Obywatelska, PO)The party is officially the Civic Platform of the Republic of Poland (''Platforma Obywatelska Rzeczypospolitej Polskiej''). is a political party in Poland. It is currently led by Donald Tusk.
It w ...
, commented that it was time to discuss the legal regulation of informal relationships, both opposite-sex and same-sex and that PO was open to discussing registered partnerships. Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Donald Tusk
Donald Franciszek Tusk ( , ; born 22 April 1957) is a Polish politician who was President of the European Council from 2014 to 2019. He served as the 14th Prime Minister of Poland from 2007 to 2014 and was a co-founder and leader of the Civic Pl ...
(PO) announced that the law on registered partnerships would be passed at the beginning of the next term of the Sejm, but Speaker of the Sejm Grzegorz Schetyna
Grzegorz Juliusz Schetyna () (born 18 February 1963) is a Polish politician who has been Leader of Civic Platform and Leader of the Opposition from 26 January 2016 to 25 January 2020. He has served as Minister of Foreign Affairs of Poland from ...
(PO) said that a vote would not be put to Parliament during that legislative term. However, after receiving a petition in favour of the registered partnership bill signed by 23,500 people, Speaker Schetyna declared that he would probably submit the bill for its first reading in Parliament after 10 July 2011. Krzysztof Tyszkiewicz, spokesman of the PO parliamentary group, announced that the party would support the SLD bill, but only after the parliamentary elections in October 2011.
In July 2011, the Social and Family Policy Commission and the Justice and Human Rights Commission held a first reading of the registered partnership bill. Out of the 67 (32 PO, 23 PiS, 7 SLD, 2 PSL, 3 non-attached) members of the committees, 29 voted in favour, 10 voted against and 3 abstained.
After the bill passed its first reading in the Sejm
The Sejm (English: , Polish: ), officially known as the Sejm of the Republic of Poland ( Polish: ''Sejm Rzeczypospolitej Polskiej''), is the lower house of the bicameral parliament of Poland.
The Sejm has been the highest governing body of ...
,[Poselski projekt ustawy o umowie związku partnerskiego (First reading in the Committees)](_blank)
Orka.sejm.gov.pl. Retrieved 20 November 2011. the Supreme Court of Poland
, imagesize = 100
, established =
, country =Poland
, location = Warsaw
, coordinates =
, type = Presidential nomination
, authority = Constitution of Poland
, terms =
, positions ...
expressed its opinion on 9 October 2011, before the elections. The Court undermined any further progress of the bill, highlighting numerous legal deficiencies. It also stated that the registration of cohabiting opposite-sex couples was incompatible with Article 18 of the Polish Constitution. Regarding the relationships of same-sex couples
A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries w ...
, it stated that the admissibility and scope of any statutory regulation required an analysis taking into account international legal obligations, and considering the implications of recent judgments by the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
. According to Professor Miroslaw Wyrzykowski, head of the Department of Human Rights at the University of Warsaw
The University of Warsaw ( pl, Uniwersytet Warszawski, la, Universitas Varsoviensis) is a public university in Warsaw, Poland. Established in 1816, it is the largest institution of higher learning in the country offering 37 different fields of ...
's Faculty of Law, and a former judge of the Polish Constitutional Court, the Constitution requires the introduction of civil partnerships. In the end, the bill was never voted upon by Parliament and therefore expired.
2011–2015
After the parliamentary elections of 9 October 2011, Janusz Palikot
Janusz Marian Palikot (; born 26 October 1964) is a Polish politician, activist and businessman. Palikot studied philosophy and became wealthy as a businessman who dealt with crates and distilled beverages (dealt with international trade with ta ...
, the leader of the Palikot Movement
Your Movement ( pl, Twój Ruch, which can also be translated as ''Your Move'', TR) is a social liberal, populist and anti-clerical political party in Poland. The party was founded by Janusz Palikot, a former Civic Platform MP, in October 2010 a ...
(RP), declared that a bill on civil partnerships would be one of the first draft laws submitted to the new Parliament. Leszek Miller
Leszek Cezary Miller (Polish pronunciation: ; born 3 July 1946) is a Polish politician. He has served as a Member of the European Parliament (MEP) since July 2019.
From 1989 to 1990 was a member of the Politburo of the Polish United Workers' P ...
, head of the SLD parliamentary grouping, announced that they would reintroduce the same bill as had been introduced in the previous parliaments. Rafał Grupiński
Rafał Szymon Grupiński (born 26 September 1952, in Wronki) is a Polish politician. He was elected to the Sejm on 25 September 2005, getting 8,168 votes in 36 Kalisz district as a candidate from the Civic Platform list.
See also
* Members of ...
, vice president of the PO parliamentary grouping, announced that its members would have a free vote
A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party. In a parliamentary ...
on the draft law. Stanisław Żelichowski
Stanisław Żelichowski (born 9 April 1944 in Księżostany) is a Polish politician. He was elected to Sejm on 25 September 2005, getting 3532 votes in 34 Elbląg district as a candidate from the Polish People's Party list.
He was also a member ...
, head of the PSL parliamentary grouping, said that he expected the SLD's bill to be mostly ignored by Parliament.
A new draft law based on the one adopted by the Senate in 2004 (similar to the Scandinavian model, not the French PACS), applying to same-sex couples only, would be prepared and submitted to Parliament in early December 2011, as a joint initiative of the SLD and the RP. Some members of the PO also declared their support. PSL did not state a firm position on the issue but was believed to be in support. Only PiS were opposed, though some of its members, such as Witold Waszczykowski
Witold Jan Waszczykowski (; born 5 May 1957) is a Polish politician. He was the Minister of Foreign Affairs between 2015 and 2018. Waszczykowski was a Member of the Sejm (2011–2019), and has been the Member of the European Parliament since 2019 ...
, signalled their support.[WYBORY 2011: Partie o parach żyjących w konkubinacie](_blank)
Dziennikbaltycki.pl. Retrieved 20 November 2011.
Polish MEP Agnieszka Kozlowska-Rajewicz described the adoption of the law on civil partnerships as one of her priorities, though she added that the ideal would be the introduction of same-sex marriage. She also said that civil partnerships similar to the French PACS were the form of unions over which there was agreement at the time and that the law would be enacted in that parliamentary term. Separately, a government report, entitled ''Poland 2030 Third wave of modernity – Long-term National Development Strategy'', stated that an objective for the five-year period to 2015 should be the equalization of rights for stable unmarried couples. Arthur Dunin (PO) commented that many PO parliamentarians saw the need for such a partnership law, provided that it did not go too far. Such a law, which would enable the legal recognition of both same-sex and opposite-sex couples, would be similar to the French PACS, and would also have the support of conservative members of the PO.
On 13 January 2012, the SLD and RP jointly presented two draft laws on civil partnerships to the Sejm. The first bill was the same that had failed in the previous Sejm, similar to the French PACS law (for same-sex and opposite-sex couples), whereas the second bill was similar to the Scandinavian model (for same-sex couples only). The PO intended to introduce its own bill, similar to the French PACS law but including some differences between civil unions and marriages, as required for consistency with the Constitution. On 28 June, the Legislative Committee expressed the opinion that both bills were unconstitutional. On 24 July, the Polish Sejm voted against the submission for a first reading on the two bills. One day later, the Civic Platform (PO) proposed its own bill on "civil partnership agreements", which was submitted to the Parliament in September.
All three drafts were rejected on 25 January 2013 by the plenary session of the Sejm
The Sejm (English: , Polish: ), officially known as the Sejm of the Republic of Poland ( Polish: ''Sejm Rzeczypospolitej Polskiej''), is the lower house of the bicameral parliament of Poland.
The Sejm has been the highest governing body of ...
, with the most narrow defeat being for the bill proposed by Civic Platform, which lost by 211–228.
2015–present
Following the 2015 parliamentary elections, the socially conservative PiS, which is opposed to registered partnerships, formed the new Government.
A new registered partnership bill was proposed on 12 February 2018 by the Modern
Modern may refer to:
History
* Modern history
** Early Modern period
** Late Modern period
*** 18th century
*** 19th century
*** 20th century
** Contemporary history
* Moderns, a faction of Freemasonry that existed in the 18th century
Phil ...
party. It was introduced to the Sejm
The Sejm (English: , Polish: ), officially known as the Sejm of the Republic of Poland ( Polish: ''Sejm Rzeczypospolitej Polskiej''), is the lower house of the bicameral parliament of Poland.
The Sejm has been the highest governing body of ...
in April 2018.
European Court of Human Rights cases
In July 2020, the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
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). Based on the precedents of '' Oliari and Others v Italy'', in which the court found that "the absence of a legal framework allowing for recognition and protection of pplicantsrelationship violates their rights under Article 8 of the Convention", and ''Orlandi and Others v. Italy Orlandi or the House of Orlandi were the prominent medieval Pisan family.
Orlandi also may refer to:
Other people
*Andrea Orlandi (born 1984), Spanish footballer
*Carlo Orlandi (1910–1983), Italian boxer and Olympian
*Carlo Orlandi (rugby ...
'', in which the ECtHR ruled that Italy must recognize same-sex marriages performed in other jurisdictions, advocates hope that the cases will lead to legal recognition of same-sex relationships in Poland. If a friendly settlement A friendly settlement is a term used in international law where the parties of the dispute come to an agreement which is accepted by an international court. They are encouraged by the European Court of Human Rights and the Inter-American Court of H ...
is not reached, the cases will take months or years to go to trial.
Same-sex marriage
Article 18 of the Constitution of Poland
The current Constitution of Poland was founded on 2 April 1997. Formally known as the Constitution of the Republic of Poland ( pl, Konstytucja Rzeczypospolitej Polskiej), it replaced the Small Constitution of 1992, the last amended version of ...
states that:
The article was adopted in 1997. The purpose of the article has been to ensure that legislators would not be able to legalize same-sex marriage without changing the Constitution. Jurists have generally interpreted it as a constitutional ban on same-sex marriage. Several lawyers and jurists have argued that the article does not formally define marriage, and while promoting opposite-sex marriages, does not in itself ban same-sex marriage.
On 7 July 2004, the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
stated that:
On 11 May 2005, the Constitutional Tribunal ruled that:
On 9 November 2010, the Constitutional Tribunal held that:
On 25 October 2016, the Supreme Administrative Court of Poland
, imagesize = 100
, established =
, country =Poland
, location = Warsaw
, coordinates =
, type =
, authority = Constitution of Poland
, terms =
, positions =
, website ...
stated that:
In 2018, ruling on the recognition of foreign same-sex marriages, the Supreme Administrative Court of Poland ruled that "Article 18 of the Constitution of the Republic of Poland, which defines marriage as a union of a man and a woman, ..requires to treat only a heterosexual union as a marriage in Poland". Specifically, the court ruled that registering same-sex marriages performed outside of Poland would breach the Constitution and the ''Private International Law Act'' ( pl, Ustawa z dnia 4 lutego 2011 r. Prawo prywatne międzynarodowe).
Seeking to test the legal wording, a same-sex couple, vlog
A video blog or video log, sometimes shortened to vlog (), is a form of blog for which the medium is video. Vlog entries often combine embedded video (or a video link) with supporting text, images, and other metadata. Entries can be recorded i ...
gers Jakub and Dawid, applied to have their Portuguese
Portuguese may refer to:
* anything of, from, or related to the country and nation of Portugal
** Portuguese cuisine, traditional foods
** Portuguese language, a Romance language
*** Portuguese dialects, variants of the Portuguese language
** Port ...
marriage recognised. Their application was rejected by the Civil Registry in Warsaw
Warsaw ( pl, Warszawa, ), officially the Capital City of Warsaw,, abbreviation: ''m.st. Warszawa'' is the capital and largest city of Poland. The metropolis stands on the River Vistula in east-central Poland, and its population is official ...
, but they appealed to a Voivode
Voivode (, also spelled ''voievod'', ''voevod'', ''voivoda'', ''vojvoda'' or ''wojewoda'') is a title denoting a military leader or warlord in Central, Southeastern and Eastern Europe since the Early Middle Ages. It primarily referred to the ...
. After their case was rejected by the Voivode, they filed suit. On 8 January 2019, the ''Wojewódzki Sąd Administracyjny w Warszawie'', the administrative court for the Masovian Voivodeship
The Masovian Voivodeship, also known as the Mazovia Province ( pl, województwo mazowieckie ) is a voivodeship (province) in east-central Poland, with its capital located in the city of Warsaw, which also serves as the capital of the country. The ...
, ruled that their marriage could not be recognised under Polish law. However, it did rule that should the Family Code and other statutes provide for the institution of same-sex marriage than article 18 would not provide a direct obstacle. The Campaign Against Homophobia
Campaign Against Homophobia (actual name: ''Kampania Przeciw Homofobii'', abbreviation: ''KPH'') is a Polish gay rights organisation, which aims to promote legal and social equality for people outside the heteronorm. It was founded in Warsaw in Se ...
praised the ruling, while the Ministry of Justice questioned the court's legal authority. The couple sought legal advice on whether to appeal certain parts of the ruling, namely those pertaining to the refusal to recognise their marriage.
Public opinion
Social attitudes towards the recognition of same-sex couples and their families seem to be changing, based on recent opinion polls. Recent polls have found conflicting numbers in relation to same-sex registered partnerships, with some pollsters finding majorities against, but others finding majorities in support. In general, however, a trend in favor of registered partnerships and LGBTQ rights has been observed over the years. A majority of Poles oppose same-sex marriage and adoption.
The 2015 Eurobarometer found that 28% of Poles thought that same-sex marriage should be allowed throughout Europe, 61% were against. This was an 11% increase from the previous Eurobarometer, which was conducted in 2006. Additionally, the number of those who "strongly opposed" same-sex marriage almost halved from 2006 to 2015. The 2019 Eurobarometer found a large increase in support, with 45% of Poles in support of same-sex marriage, and 50% opposed. This increase of 17% was the second-highest in the European Union, after Germany
Germany, officially the Federal Republic of Germany (FRG),, is a country in Central Europe. It is the most populous member state of the European Union. Germany lies between the Baltic and North Sea to the north and the Alps to the sou ...
at 18%. Of countries forming the former Eastern Bloc
The Eastern Bloc, also known as the Communist Bloc and the Soviet Bloc, was the group of socialist states of Central and Eastern Europe, East Asia, Southeast Asia, Africa, and Latin America under the influence of the Soviet Union that existed du ...
(excluding East Germany), Poland ranked second in support for same-sex marriage, after the Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. Th ...
.
CBOS polls
The 2013 poll found that support for same-sex registered partnerships varied significantly by political parties. 68% of Your Movement
Your Movement ( pl, Twój Ruch, which can also be translated as ''Your Move'', TR) is a social liberal, populist and anti-clerical political party in Poland. The party was founded by Janusz Palikot, a former Civic Platform MP, in October 2 ...
(formerly RP) voters supported registered partnerships, 56% of SLD voters, 50% of PO voters, 24% of PSL voters and 15% of PiS voters.
Support for registered partnerships is higher among young people, people who have a higher education, who live in big cities, who have a higher income, who are less religious and who are politically left-wing.
IBRiS polls
2012 CEAPP poll
PBS polls
2013 OBOP poll
Other polls
See also
* LGBT rights in Poland
Lesbian, gay, bisexual, and transgender (LGBT) people in Poland face legal challenges not faced by non-LGBT residents. According to ILGA-Europe's 2022 report, the status of LGBTQ rights in Poland is the worst among European Union countries.
Bo ...
* LGBT rights in the European Union
LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have diff ...
* Recognition of same-sex unions in Europe
Recognition may refer to:
*Award, something given in recognition of an achievement
Machine learning
*Pattern recognition, a branch of machine learning which encompasses the meanings below
Biometric
*Recognition of human individuals, or biometr ...
* '' Article 18''
References
External links
Warsaw GayGuide.Net Up2date GayGuide for Warsaw and Poland
{{DEFAULTSORT:Recognition Of Same-Sex Unions In Poland
LGBT rights in Poland
Poland
Poland, officially the Republic of Poland, , is a country in Central Europe. Poland is divided into Voivodeships of Poland, sixteen voivodeships and is the fifth most populous member state of the European Union (EU), with over 38 mill ...