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LGBT Rights in Poland

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unregistered cohabitation
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Legal, but requires surgery
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
Suggest Public Opinion Data

Public Opinion

Views on same-sex marriage or other legal recognition

Ranked #21 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)
(22%) Against
Support (66%)

Views on same-sex couples' right to adopt

Ranked #25 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)
(58%) Disagree
Agree (33%)

Acceptance of homosexuals as neighbors ?

Ranked #33 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)
(27.9%) Mentioned homosexuals
Did not mention homosexuals (64.5%)

Justifiability of homosexuality ?

Ranked #37 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)
(52.4%) Not justifiable
Justifiable (24.2%)

Opinion on same-sex couples as parents ?

Ranked #52 out of 74 regions surveyed. (Source: World Values Survey, 2017-2020)
(57.3%) Disagree
Agree (11.8%)

"Should society accept homosexuality?" (2019) ?

Ranked #19 out of 34 regions surveyed. (Source: Pew Research Center, May–October, 2019)
(42%) No
Yes (47%)

Perceived prevalence of discrimination against transgender people (European Union) ?

Ranked #14 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)
(42%) Widespread
Rare (44%)

Perceived prevalence of discrimination against sexual orientation (European Union) ?

Ranked #17 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)
(49%) Widespread
Rare (43%)

Acceptance of same-sex relationships (European Union) ?

Ranked #19 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)
(46%) Disagree
Agree (49%)

Support for transgender people changing legal gender (European Union) ?

Ranked #19 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)
(40%) No
Yes (41%)

History

Homosexual activity in Poland

?

Homosexual activity in Poland is legal.

Current status
Since Jan 1945
Legal
Consensual same-sex acts were legalized in 1945 after the end of WW2 by the Polish Penal Code. Since 2015 several municipalities have declared themselves to be "LGBT-free zones", while this has no legal standing it does adversely affect LGBT people by opening them up to hate crime.
Added by PeterGalazka  ·  1 accurate vote  ·  Report Error  ·  Log

Sep 1, 1939–Jan 1945
Illegal (death penalty as punishment)
LGBT people were persecuted by Nazi forces during the German occupation of the Second World War.
Added by beeurd  ·  0 accurate votes  ·  Report Error  ·  Log

Jul 11, 1932–Sep 1, 1939
Legal
Homosexuality is legal, even inside Poland's LGBT-free zones, and the penal code cannot be revised for each local government as Poland is not a federal state.
Added by DuffdeNecker  ·  0 accurate votes  ·  Report Error  ·  Log

Nov 11, 1918–Jul 11, 1932
Ambiguous
During the Second Polish Republic, same sex activity was not legislated against, but was considered taboo.
Added by beeurd  ·  1 accurate vote  ·  Report Error  ·  Log

1815–Nov 11, 1918
Illegal (other penalty)
During the Partitions of Poland, the Polish state had ceased to exist and laws from other states were forced upon the lands. in 1945 Russia's penal code specified a punishment of forced resettlement to Siberia.
Added by beeurd  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Poland

?

Same-sex marriage in Poland is unregistered cohabitation.

Current status
Unregistered cohabitation
Article 18 of the Polish Constituation defines marriage as "a union of a man and a woman".
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.
Added by PeterGalazka  ·  1 accurate vote  ·  Report Error  ·  Log

Jan 1, 2012–Sep 6, 2018
Foreign same-sex marriages recognized only
Gay marriage and Gay Unions pending. Required legalization under EU ruling.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in Poland

?

Censorship of LGBT Issues in Poland is state-enforced.

Current status
State-enforced
Discrimination is illegal under the Polish Constitution. However, in practice the ruling government party has supported several Polish municipalities which have been declared "LGBT-free zones", and LGBT references are removed from broadcasts by state TV and film distributors.
Added by equaldex  ·  2 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Poland

?

Right to change legal gender in Poland is legal, but requires surgery.

Current status
Since Nov 17, 1964
Legal, but requires surgery
A medical diagnosis required, and individuals need to sue their parents in order to have their birth certificate changed. Under Polish law reassignment surgery can only take place after a person's gender has been legally changed.
Added by PeterGalazka  ·  1 accurate vote  ·  Report Error  ·  Log

Nov 17, 1964–Sep 14, 2018
Legal, but requires surgery
Under 2018 revision of the sex change law. Requires surgery. Missing non binary options on documents.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Poland

?

Legal recognition of non-binary gender in Poland is not legally recognized.

Current status
Not legally recognized
Only male and female gender is legally recognised
Added by Matinee71  ·  2 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Poland

?

LGBT discrimination in Poland is illegal in some contexts.

Current status
Since Jan 1, 2003
Illegal in some contexts
"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only.
Added by PeterGalazka  ·  1 accurate vote  ·  Report Error  ·  Log

Jan 1, 2003–Sep 14, 2018
Illegal
Full Discrimination protection
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Poland

?

LGBT employment discrimination in Poland is sexual orientation only.

Current status
Since Jan 1, 2011
Sexual orientation only
The Equal Treamtent Law of 2010 prohibits sexual orientation discrimination in employment.
Added by raymondroca  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in Poland

?

LGBT housing discrimination in Poland is no protections.

Current status
No protections
The Polish act on equal treatment forbids discrimination based on sex, race, ethnic origin, nationality or religion with regard to publicly offered services, including housing. Sexual orientation and gender identity are not listed among protected grounds.
Added by Markissik  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Poland

?

Same-sex adoption in Poland is single only.

Current status
Since Oct 29, 2016
Single only
Same sex couple are barred from adopting. Single people can currently adopt regardless of sexual orientation, however the Polish government have proposed restricting this also.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

Until 2016
Illegal
No source supplied
Sources:
No source supplied
Added by PeterGalazka  ·  1 accurate vote  ·  Report Error  ·  Log

Serving openly in military in Poland

?

Serving openly in military in Poland is legal.

Current status
Since Jan 1, 1991
Legal
Since the 1990s, lesbian, gay and bisexual people are not banned from military service and discrimination against them is officially forbidden. However, 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".
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

-0001–-0001
Ambiguous
Although LGBTQ+ individuals are not barred, an "unwritten" Don't Ask Don't Tell is supposedly in their code.
Added by PeterGalazka  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Poland

?

Blood donations by MSMs in Poland is legal.

Current status
Legal
No restrictions about gay sex.
Added by Simo  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in Poland

?

Conversion therapy in Poland is not banned.

Current status
Since May 12, 2015
Not banned
No laws in place. As well their is still the attitude that homosexuality is a disease. Conversion therapy ban pending.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in Poland

?

Equal age of consent in Poland is equal.

Current status
Since Jul 11, 1932
Equal
Added by PeterGalazka  ·  2 accurate votes  ·  Report Error  ·  Log