Homosexuality in Poland

Poster Niech nas zobaczą ( Let them see us ).

Sticker with homophobic slogan of the nationalist organization NOP .

The gay, liberal politician, former mayor of Słupsk and since 2019 MEP Robert Biedroń .

The LGBT activist, Warsaw councilor and politician of the Green Party Zieloni , Krystian Legierski .

The Parada Równości 2006.

Note for a gay and lesbian friendly hotel in Poland.

In Poland, homosexuality hasbeen treatedwith discrimination in large parts of the Christian - conservative societyfor decades. Homosexuality is a constant subject of political debate. During the times of social democratic governments there were opposite phases. In the context of the election campaign for the parliamentary elections in Poland in 2019 , the right-wing conservative parties won anabsolute majorityafter a homophobic election campaign. In 2019, more and more local authorities in Poland declared themselves so-called “LGBT-free” zones . This led to discussions in the European Parliament . The planned abolition of sex education in Poland also led to protests by the European Parliament.

legality

Homosexual acts were legalized in Poland as early as 1932 and the age of consent brought into line with that of heterosexual people. In 1969 homosexual prostitution was also legalized. During the real socialism that prevailed until 1989 , homosexuality was officially a registered disease and was deleted as such after the political system change in the course of reforms in 1991.

Legal situation

In 2003 an anti-discrimination law was passed, which guarantees treatment before the law, regardless of sexual orientation. A proposal drawn up in 1995 by the then social democratic government to include a ban on discrimination on the basis of sexual orientation in the constitution was rejected due to objections from the Roman Catholic Church . In 2007, the then liberal-conservative government coalition under Prime Minister Donald Tusk prepared a new bill to protect homosexuals from discrimination. Gays were not legally excluded from military service until the abolition of conscription in Poland in 2010.

In March 2007 Roman Giertych , Poland's then education minister and chairman of the nationalist , catholic and clerical party LPR , submitted a bill to parliament that would criminalize “homosexual propaganda” such as educational materials about same-sex relationships in schools. Teachers who even mentioned homosexual lifestyles in sex lessons should expect at least fines. Layoffs should also be a measure, especially if teachers openly profess homosexuality. Due to the early elections held in October 2007, the draft laws did not come into force and the LPR failed because of the threshold clause in its attempt to enter parliament again .

In 2016, the Supreme Court confirmed the recognition of same-sex civil partnerships under criminal procedure law .

Recognition of same-sex civil partnerships

There is currently no legal recognition of same-sex civil partnerships in Poland. At the end of 2003, however, Senator Maria Szyszkowska suggested introducing same-sex partnerships under the name “Registered Partnerships”. Although the Polish Senate approved this proposal on December 2, 2004, it failed to find a majority in the Sejm before the 2005 elections.

In 2004, the municipal transport association in Warsaw allowed same-sex partners of its employees to use the transport network with the same benefits as heterosexual partners. This act was the first recognition of same-sex couples in Poland. In 2007, the municipal welfare office in Chorzów finally decided to grant same-sex couples transfer payments equivalent to those of heterosexual couples. In 2011, the social democratic party SLD was the first parliamentary group to introduce a bill to introduce civil partnerships in the Sejm . The liberal party Twój Ruch , which entered the Polish parliament in October 2011 , also supported the introduction of registered partnerships for homosexual couples. In January 2012, the liberal-conservative government coalition introduced a bill that would enable civil partnerships in Poland for same-sex couples. In November 2012, the Constitutional Court of the Republic of Poland decided for the first time to grant homosexual couples rights under tenancy law.

In the 2011 election campaign, Prime Minister Donald Tusk promised to discuss the introduction of civil partnerships. A bill presented in January 2013 should enable heterosexuals and homosexuals to register such partnerships with the notary or at the registry office. This included a right to refuse to testify in court, a right to information from the doctor and a maintenance obligation after the separation. However, it did not include any tax breaks. While the liberal Twój Ruch party and the social democratic party SLD called for more extensive regulations in the debate, resistance to the bill was formed in the governing coalition. Former Justice Minister Jarosław Gowin , then a leading actor on the right wing of the PO , described such attempts as unconstitutional. Two further votes to legalize registered partnerships were not adopted in Parliament in May 2015 and August 2015.

In order to prevent the conclusion of recognized same-sex marriages or registered partnerships by Polish citizens abroad, the personal details of the future partner were entered in the certificate of non-marriage until 2015 based on an official instruction . In the case of any same-sex sex, the issuance of the certificate of marital status was regularly refused. Exceptions existed at least for the future partners, whose first names were not recognizable as same-sex to the officials. It was possible for a Polish male homosexual to marry a man with the Italian first name Andrea , as this corresponds to the morphology of female first names customary in Poland . After the change in the legal situation, since March 1, 2015, the issuing of the certificate of marital status may not be prevented even without specifying the partner's name.

Social development

During the time of the People's Republic of Poland , homosexual men were monitored by the Polish security service. In 1985 and thereafter the so-called Operation Hyacinth took place , which aimed at the gay scene. The goal of the operation is unclear; it may have been an attempt to prevent HIV, or an attempt to curb gay initiatives. During the 1980s, gay life was marked by hostility and intolerance from those around them. The gays often referred to themselves as Inni ( The Others ). In the late 1980s, the term was gay fashion and was later gej umpolonisiert. Many gays have marriages of convenience to hide their affection. The attempt to bring homosexuality to the public and thus gain acceptance failed before the political upheaval due to the resistance of the gays themselves, as they usually refused to come out.

At the beginning of the 1990s the first homosexual associations were formed and there were homosexual magazines which, since they had no pornographic content, were also allowed to be distributed by the nationwide kiosk chain Ruch and were therefore freely available. Was known about inaczej ( Anders ). In public, homosexuality was not discussed and only perceived as a marginal phenomenon. At the beginning of the new millennium the topic became more public. In 2003, artist Karolina Breguła hung up hand-held couples of men and women on posters in different cities. This action, organized under the title Niech nas zobaczą ( Shall they see us ), sparked social controversy.

In 2004, according to a survey, 94% of Poles rejected homosexuality. According to the Eurobarometer of December 2006, only 17% of Poles agreed with the statement that homosexual people should be allowed to marry each other (52% in Germany). In 2013, however, only 26% of the population found that homosexuality was not normal and should not be tolerated.

Although there was an increase in tolerance among young people in larger cities and with higher education during the 1990s and early 2000s, discrimination against homosexual minorities at the political level increased under the coalition government of conservative and populist parties that ruled from 2005 to 2007 . In conservatively governed cities in Poland, homosexual demonstrations were banned between 2004 and 2005 for a variety of reasons, including possible counter-demonstrations or interference by religious or nationalist groups. Nevertheless, on June 11, 2005, for example, around 2,500 demonstrators gathered for the Parada Równości ( Parade of Equality ), and ten arrests were made. The parade was strongly condemned by the then mayor and later president Lech Kaczyński with the statement "Permitting a gay event in Warsaw would encourage homosexual lifestyles". The attitude of the then government towards homosexuals created a brief tension between Poland and the European Union . Attacks against homosexual events were also recorded by right - wing extremist All - Polish youth .

Nevertheless, there is a homosexual scene in all major cities. There are also over 30 homosexual organizations across the country. In 2011, Robert Biedroń, an openly gay member of parliament, was elected to the Polish parliament, and Anna Grodzka was the first transsexual . In the meantime, other MPs have acknowledged their homosexuality. In a 2011 survey, 54% of Poles said they were positive about same-sex partnerships and 27% were even in favor of same-sex marriage. Robert Biedroń, as an openly gay candidate, was elected mayor of the city of Slupsk with 57% of the vote in 2014 after his parliamentary mandate expired . The progressive party Wiosna , which he founded in 2019, is seen by the Polish press as a beacon of hope for the political left in Poland.

The Roman Catholic Church continues to fight against the legal recognition of homosexual couples and is supported above all by right-wing parties. In a report of the European Union whose representatives asked Thomas Hammarberg as Commissioner for Human Rights , 2006, the then Polish government under Jaroslaw Kaczynski on homophobia to fight in Poland. Hammarberg stated, “We should remember that one of the groups persecuted by the Nazis were homosexuals. We should really avoid falling into this trap now. "

The rights of lesbians and gays are proactively supported primarily by the parties SLD , Nowoczesna , Razem , Twój Ruch , Unia Pracy , Zieloni , Demokraci and other left-wing or liberal parties and some representatives of the Platforma Obywatelska .

Europride 2010

From July 9th to 18th 2010 the first Europride in Poland took place in Warsaw , which ended on July 17th with the Parada Równości . At the same time, the exhibition Ars Homo Erotica was on view in the Warsaw National Museum.

Warsaw rainbow

From 2013 there was a cultural and social debate in Warsaw about the artwork Warsaw Rainbow , which was installed until 2015 and which was damaged several times by vandals.

Scientific analysis

The Polish social scientists Tomasz Kitliński and Paweł Leszkowicz wrote in their analysis of the situation of homosexuals in Poland in 2013: “Sexual minorities in Poland live in a paradoxical situation. On the one hand, homosexual relationships in Poland were decriminalized earlier than in many other countries. There is also an extremely lively scene of LGBT activists and artists in Poland. On the other hand, homophobic resentment is widespread in society (...) but it is precisely the fierce debates that contribute to the public getting used to 'queer' issues and non-heterosexual ways of life. "

See also

• Laws on homosexuality
• Equality (homosexuals)

Web links

Commons : Homosexuality in Poland  - collection of pictures, videos and audio files

• Błażej Warkocki: The gay movement in Poland (PDF; 661 kB), Poland analyzes, Bremen 2014
• Dorota Jurek: The homosexual vocabulary in Polish (PDF; 134 kB), housework, Potsdam 2006
• Grażyna Kubica: Rainbow flag versus Wawel dragon - a cultural interpretation of the conflict over the Krakow March for Tolerance , Studia Socjologiczne (Polish), Warsaw 2006

Footnotes

1. ↑ Election victory for Kaczynski Poland: right-wing populists after homophobic election campaign with an absolute majority , queer October 14, 2019
2. ↑ Kaczynski party before re-election Homophobia is a central issue in the Polish election campaign , queer October 11, 2019
3. ↑ People The hatred of homosexuals in Poland is getting worse , by Paweł Mączewski Vice (magazine) October 15, 2019
4. ↑ "Freedom, Equality, Acceptance" Fluter (magazine) October 11, 2019
5. ↑ Opinion of parliamentary elections In Poland, homosexuals are still suitable as an enemy image , by Philipp Fritz, Die Welt October 11, 2019
6. ↑ LGBT-free zones in Poland MDR June 30, 2019
7. ↑ EU Parliament debates "LGBTI-free zones" in Poland
8. ^ Motion for a resolution European Parliament opinion on LGBT-free zones The night in the newsroom with Inga Gebauer Deutschlandfunk December 18, 2019
9. ↑ EU Parliament criticizes the criminalization of sex education in Poland Deutsche Welle November 15, 2019
10. ^ The Brief from Brussels: EU Parliament condemns Polish law enforcement agencies Euronews November 14, 2019
11. ↑ The Standard: Government Project for Equal Treatment ( Memento of the original from October 1, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , August 31, 2007 
12. ↑ Tagesschau: Poland wants to ban “homosexual agitation” (tagesschau.de archive), March 14, 2007
13. ↑ Der Standard: Polish Vice Minister openly wants to fire homosexual teachers , March 15, 2007
14. ↑ Wyborcza.pl. In: wyborcza.pl. Retrieved February 25, 2016 . 
15. ↑ Standard: Life partnerships for lesbians and gays required
16. ↑ Queer: Poland's parliament is becoming more colorful
17. ↑ Queer: soon registered partnerships in Poland?
18. ↑ http://www.queer.de/detail.php?article_id=17975
19. ↑ Gay marriage divides Poland. In: sueddeutsche.de. January 24, 2013, accessed May 14, 2018 . 
20. ↑ Project ustawy o związkach partnerskich (PDF; 219 kB)
21. ↑ Queer.de: Poland: Registered partnerships rejected again
22. ↑ Queer.de: No progress in Poland, Sejm votes again against civil partnerships
23. ↑ Imię kończy się na "a"? To polski gej może zawrzeć małżeństwo za granicą In: onet.pl , 23 July 2012 (Polish)
24. ↑ Kampania przeciwko homofobii: Związki osób tej samej płci w Europie. Przewodnik (Polish)
25. ↑ ^{a b c d e} German Poland Institute Darmstadt, Bremen Research Center for Eastern Europe and German Society for Eastern European Studies in partnership with the Willy Brandt Center for German and European Studies at the University of Wrocław, Poland analyzes No. 139 - The gay movement in Poland , 18 February 2014 PDF file
26. ↑ Maneo : Poland ( Memento of the original from February 21, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 1.4 MB) 
27. ↑ European Commission: Eurobarometer, Section 2.4 Attitudes towards homosexuality (PDF; 9.4 MB), December 2006.
28. ↑ Merkur-Online: Again fuss about gay demo , June 10, 2006
29. ↑ Queer.de: EU Parliament condemns Poland , June 16, 2006
30. ↑ - ( Memento of the original from December 19, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 
31. ^ Cicero: Long way to equality
32. ↑ 365gay.com: EU Blasts Poland's Anti-Gay Stance ( Memento of the original from July 3, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 
33. ^ Journal of Eastern Europe Bipolar. Homophobia and tolerance in Poland ( Memento of the original from December 14, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.