LGBT Rights in Poland - Recognition of Same-sex Relationships

Recognition of Same-sex Relationships

There is no legal recognition of same-sex couples. Article 18 of the Constitution of the Republic of Poland (1997) defines "marriage" as a union of a man and a woman and places it under the protection and care of the Republic of Poland. In late 2003, Polish Senator Maria Szyszkowska proposed civil unions for same-sex couples, calling for "registered partnerships", similar to the French Pacte civil de solidarité (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 were not revived by the conservative parties which emerged as the majority following that election.

In 2004, Warsaw's Municipal Transport Authority 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’s City Center of Social Assistance recognized homosexual relationships. The decision declined social assistance to one partner, recognizing that according to law, persons living in a common relationship in the same household are a family, and are obligated to care for each other.

On 23 February 2007, the verdict of the Appeal Court in Białystok recognized same-sex cohabitation (File I ACa 590/06). "The concept of cohabitation (konkubinat) must be understood as stable, actual personal-property bond of two persons. There is a sex meaningless in the recalled aspect. There are no grounds for applying different principles at accounting for the homosexual cohabitation than the ones which are applicable in relation to the heterosexual cohabitation", the court said. On 6 December 2007, it was confirmed by Judgement of The Supreme Court of Warsaw (IV CSK 301/2007and IV CSK 326/2007).

At the end of 2010, the Court in Złotów decided that the same-sex partner of a woman who'd died was entitled to continue the lease on their communal apartment. The municipality appealed the verdict, but the District Court in Poznań rejected the appeal. Thus, the decision of the Court in Złotów 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 president of the District Court in Złotów, Adam Jutrzenka-Trzebiatowski. In support of the judge relied, for the first time, on the European Convention on Human Rights, which had ruled in Kozak v. Poland that gays and lesbians have the right to inherit from their partners. Another similar case about the right to housing of a deceased male partner is pending in the Court in Warsaw. However, in this case the District Court refused to tenancy law of partner of the deceased tenant. He did so, although the earlier (2010), the Court in Strasbourg has ruled that it is discrimination. This case will go to a higher court.

The major opposition to introducing same-sex marriages or civil unions comes from the Roman Catholic Church, which is quite active politically and holds a considerable degree of influence in the state, significantly more than in other Catholic countries. The nation is 95% Roman Catholic, with 40.4% practicing every week.