LGBTQ rights in Poland

Homosexual sex was legalised in 1932 with the introduction of new penal code, making Poland the first country to decriminalize homosexuality in the 20th century. Previous laws prohibiting homosexuality were imposed by the occupying powers after Poland lost its independence in years 1795-1918 (See: Partitions of Poland). Therefore there was never any any anti-homosexual law imposed by Polish government (excluding homosexual prostitution 1932-1969). At the same time the age of consent was equalized with that of heterosexual partners. Homosexual prostitution was legalized in 1969. Gay people are not banned from military service. Homosexuality was deleted from the list of diseases in 1991. Some left-wing political parties (SLD, UP, SDPL, RACJA PL and others) support gay right movement and are in favor of appropriate changes in legislation.

Protection based on sexual orientation in law

Anti-discrimination laws were added to the Labour Code in 2003. The Polish Constitution guarantees equality in accordance with law and prohibition based on "any reason" which also covers sexual orientation, although this has not been tested in the courts. The proposal of inclusion of the prohibition of discrimination on the grounds of sexual orientation in the constitution in 1995 was rejected, after strong Catholic Church objections .

A new anti-discrimination law is currently 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, healthcare, 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. Draft Law on Equal Treatment 2007

Recognition of same sex couples

There is no legal recognition of same-sex couples. In late 2003 Polish Senator Maria Szyszkowska proposed civil unions for same-sex couples, called "Registered Partnerships", similar to French PACS. On 3 December 2004 the Senate (the upper chamber of the Polish Parliament) adopted the Civil Unions project. The legislation had not passed both houses of the Parliament prior to the 2005 Parliamentary election and will almost certainly not be revived by the conservative parties which emerged as the majority following the election.

In 2004, Warsaw's City Transport Department decision to allow cohabitating 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, Chorzów’s City Center of Social Assistance decision has recognized homosexual relationships. It has declined conceding of social assistance for one of partners, recognizing that according to law, persons living in common relationship, in same household are family, so another partner is obligated to care on him.

Gay life in Poland

A survey from 2005 found 89% of the population stating that they consider homosexuality an "unnatural" activity. Additionally, only half believe homosexuality should be tolerated. Tolerance increased in the 1990s and early 2000s, mainly amongst younger people and those living in larger cities. There exists a gay scene with clubs all around the country. More than thirty gay organisations exist.

In 2004 and 2005, Warsaw together with other Polish cities, including Kraków, blocked gay pride parades citing various reasons including the likelihood of counter-demonstrations or the interference with religious or national holidays, or the lack of a permits, (1) Despite this, about 2,500 people marched on June 11, 2005. 10 people were arrested, but released soon afterwards. The parade was condemned by then-Mayor of Warsaw Kaczyński, who has said that allowing an official Gay Pride event in Warsaw would promote a "homosexual lifestyle". (2)] In October of 2005, Lech Kaczyński was elected President of Poland. The views of Kaczyński and some members of the government of Poland , particularly statements indicating that gays shouldn't be admitted into the teaching profession and calling homosexuality “unnatural' , caused some tension between Poland and pro-gay activists in Western Europe.

An opinion poll conducted in late 2006 at the request of the European Commission indicated Polish public opinion was generally opposed to same-sex marriage and to adoption by gay couples. The Eurobarometer 66 poll found that 74% and 89% of Poles respectively were opposed to same-sex marriage and adoption by gay couples. Of the EU member states surveyed only Latvia and Greece had higher levels of opposition. According to one gay magazine, Poland is one of the 10 'anti-gay countries in the world', ranking at number eight (despite the fact that homosexuality is criminalised in over 70 countries around the world, while not in Poland).

Emigration

Following Poland's entry into the European Union, Polish gay rights groups claim that thousands of Polish gays have emigrated to Britain, Germany, France, Canada, Australia and The United States. Some Polish gay activists, such as Robert Biedron, who had originally claimed that their fellow countrymen left Poland to escape "increasing persecution", later corrected their stance saying that questions of morals are of secondary importance and main reasons are economic . In other sources, Robert Biedroń, the president of the Polish Campaign Against Homophobia society, said that most of the Polish gays emigrated to the UK not for economic reasons but because of being persecuted in Poland.

Summary table

Homosexuality legal since 1932
Equal age of consent since 1932
Anti-discrimination laws in employment since 2003
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriage(s)
Recognition of same-sex couples
Adoption by same-sex couples
Gays allowed to serve in the military
Right to change legal gender
Access to IVF for lesbians
MSM allowed to donate blood since 2005

See also

• Bączkowski and Others v. Poland
• Civil unions in Poland
• Human rights in Poland
• Religion in Poland
• LGBT rights in Europe
• Gay Army, reality TV show banned in Poland

External links

• Amnesty International Lesbian, Gay, Bisexual and Transgender Rights in Poland and Latvia, 15 November 2006
• Situation of bisexual and homosexual persons in Poland. 2005 and 2006 report. - Campaign Against Homophobia, ISBN 978-83-924950-2-4, Warsaw 2007