Recognition of same-sex unions in Poland

Legal recognition of same-sex relationships
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Laws regarding same-sex partnerships in Europe

  Same-sex marriage

  Other type of partnership

  Unregistered cohabitation

  Issue under political consideration

  Unrecognized

  Constitution limits marriage to man–woman

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In 2004, under the previous left-wing government the Senate approved a bill allowing gay and lesbian people to register their relationships as civil unions. Parties to a civil union under the bill would have been given a great range of benefits, protections and responsibilities (e.g. pension funds, joint tax and death-related benefits), currently granted only to spouses in a marriage although they would not have been allowed to adopt children. The bill lapsed in the 2005 general election.

Only two parties, Alliance of the Democratic Left-Labour Union and Social Democracy of Poland, (both Social Democrats) support the bill, while Civic Platform, League of Polish Families and Law and Justice (all conservative) opposed it. Samoobrona was indifferent and the Polish People's Party did not take a position.

The previous Polish government, led by the Law and Justice party, planned to amend the Polish constitution to constitutionally ban any recognition of same-sex relationships.

A new Registered Partnership bill was proposed to the government of Civic Platform and Polish People's Party in late 2007. However the government rejected this proposal. It was the third bill since public debate on same-sex unions had begun in 2000. The first one to recognise unregistered cohabiting couples (including same-sex) was proposed in 2002. In 2008 a new fourth bill on registered partnerships was being prepared by opposition Alliance of the Democratic Left. However this project had no chances of being passed in the parliament. In the end, Alliance of the Democratic Left did not introduce a bill.

The next debate about the legalization of same-sex registered partnerships began in June 2009. Gay and Lesbian organisations submitted the petition on the matter to the Speaker of the Sejm Bronisław Komorowski (PO).^[1] The political climate also changed, in which some politicians from the parties opposed to the legalization of same-sex unions like PO or PiS, including Jerzy Buzek (PO) and Michał Kamiński^[2] (PiS), are expressing opinion about the need to regulate certain issues of the same-sex couples. Similarly, in this regard, the attitude changed also with some representatives of the church.^[3] On January 2010 the opposition Alliance of the Democratic Left (SLD), in consultation with Gay and Lesbian organisations is preparing a new draft law on registered partnerships. The new bill will be modeled on the same one approved the Senate in 2004 and similar to the French PACS law.^[4] However, the bill has no chances to be passed in the current parliament since the other parties PO, PiS and PSL announced that they will not support the bill. However, some believe that a such bill will be finally passed in the next parliament as some expect that the left-wing SLD will join a coalition government after the next parliamentary election, due by October 2011.^[5][6][7][8]

On 17 May 2011, the SLD presented a draft law on registered partnership, which will regulate the relationship of same-sex and opposite-sex unmarried couples. This project is similar to the French PACS law.^[9][10] Agnieszka Pomaska, Deputy Secretary General of the Civic Platform party (PO) declares that it is time to hold discussions about the legal legitimize informal relationships, both heterosexual and homosexual and that PO is open to talk about Registered Partnerships.^[11][9] Polish Prime Minister Donald Tusk (PO) has declared that the law on registered partnerships would be passed at the beginning of the next term of the Sejm.^[12] His statement confirms Speaker of the Sejm Grzegorz Schetyna (PO), who also declare that this bill will not be put to a vote in parliament in this term.^[13] Nevertheless, the bill is still in the Sejm and pass procedures to parliamentary debate. Krzysztof Tyszkiewicz, Spokesman of the Parliamentary Club of the Civic Platform party (PO) declared that PO would support proposed by the SLD Bill on registered partnership agreement, but only after the parliamentary elections in October 2011.^[14] However, after receiving the petition in favor of the registered partnership agreement bill, signed with 23,500 people, Speaker Schetyna declared that is likely to submit the bill to the first reading into the Parliament after 10 July 2011 (parliamentary session on 26–29 July).^[15]

The Supreme Court has expressed its comments to the SLD's proposed draft law on registred partnerships, which was adopted on first reading in the Sejm,^[16] before the elections on 9 October 2011. In its comments, the Court undermines the legitimacy of further work on this bill, because of the numerous legal deficiencies. At the same time states that the institutionalization of opposite-sex couples cohabitation is inadmissible in connection with the wording of Art. 18 of the Polish Constitution. Regarding lasting relationships of same-sex couples, states that the admissibility and scope of any statutory regulation requires an analysis taking into account international legal obligations, and to consider the consequences that may result from the recent judgments of the European Court of Human Rights. However, regulation similar to the marriage is excluded, without the prior amendment of Art. 18 of the Constitution.^[17]

After the parliamentary elections held on 9 October 2011, Janusz Palikot, the leader of the Palikot's Movement (RP) has declared that a draft law on civil partnerships will be one of the first draft laws submitted to the parliament.^[18] Leszek Miller, head of the Parliamentary Club of the Democratic Left Alliance (SLD), announces the re-assembly of the parliament a draft law on registered partnership agreement, the same one who did not manage to adopt the previous parliament.^[19] Rafał Grupiński, vice president of the Parliamentary Club of the Civic Platform (PO) announced that during the vote on the draft law on civil partnerships there will be no a discipline in its club. Stanisław Żelichowski, head of the Parliamentary Club of the Polish People's Party (PSL) believes that the SLD's draft law on civil partnerships is located in the remote location in order of priority issues which should address the new parliament.^[20] In July 2011 (the previous parliament) on the joint meeting of the Social and Family Policy comission and Justice and Human Rights comission held the first reading of the registered partnership agreement bill. Out of the 67 (32 PO, 23 PiS, 7 SLD, 2 PSL, 3 non-attached) members of both committees 29 supported the project, 10 voted against with 3 abstentions. Only PiS refused to future work on the project.^[21] Witold Waszczykowski, Member of the Law and Justice (PiS) has declared its support for the initiative legalizing same-sex unions.^[22]

The new draft law on Registered Partnerships based on that adopted by the Senate in 2004 (similar to the Scandinavian model, not a French PACS), which regulates unions between same-sex only would be prepared and submitted to parliament in early December 2011 as a joint initiative of SLD and RP. Support for a such law beyond SLD and RP declares PO, though not all members of the party will support it. PSL does not take a firm position on this, but after the vote on the bill at the PSL, there are voices saying that the party would actually support it. Only PiS objects, although not all its members, like eg Witold Waszczykowski.^[23][24][25]

Potential vote on the 2011 registered partnership bill

Parliamentary Clubs 1	TOTAL SEATS	POSITION
PO (Civic Platform)	207	for
PiS (Law and Justice)	157	against
RP (Palikot's Movement)	41	for
PSL (Polish People's Party)	28	for
SLD (Democratic Left Alliance)	26	for
TOTAL	460	(plus 1 seat of the German minority)

Notes:

¹ Declared support of political parties during the campaign of parliamentary elections in October 2011.^[16][25]

Symbolic recognition

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 to concede social assistance to one partner, recognizing that according to law, persons living in a common relationship in the same household are a family, so that the partner is obligated to care for the first one.

At the end of 2010, the Court in Złotów decided, that the communal apartment after a dead woman to be her partner. The municipality appealed the verdict, the District Court in Poznań, however, 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, inter alia, European Convention on Human Rights – for the first time in Poland.^[26] This is a precedent and courageous decision after the European Court of Human Rights ruled in case Kozak v. Poland that homosexuals have the right to inherit from their partners.

The European Court of Human Rights

The European Court of Human Rights ruled that homosexuals have the right to inherit from their partners.^[27]

Public opinion

A poll taken in July 2009 found that 14% of Poles supported same-sex marriage, while 75% were opposed and 11% were not sure.^[28] A 2006 Eurobarometer study found 17% support for same-sex marriage, with 76% opposed.^[29]

Poles support for gay rights (CBOS/TNS OBOP* polls)	2001[30]		2002[31]		2003[32]		2005[33]		2008[34]		2010[35]		2011*[36]
	YES	NO	YES	NO	YES	NO	YES	NO	YES	NO	YES	NO	YES	NO
"registered partnerships"	-	–	15%	76%	34%	58%	46%	44%	41%	48%	45%	47%	54%	41%
"same-sex marriages"	24%	69%	-	–	-	–	22%	72%	18%	76%	16%	78%	27%	68%
"adoption rights"	8%	84%	-	–	8%	84%	6%	90%	6%	90%	6%	89%	7%	90%

See also

• LGBT rights in Poland
• List of LGBT rights by region
• Timeline of LGBT history
• Homosexuality laws of the world
• Same-sex marriage in the European Union
• Marriage

References

1. ^ Petycje: Prawo do zawierania związków. Petycje.pl. Retrieved on 20 November 2011.
2. ^ Iain Dale's Diary: EXCLUSIVE: My Interview With Michal Kaminski. Iaindale.blogspot.com (9 October 2009). Retrieved on 20 November 2011.
3. ^ Innastrona: Wszyscy na tak, Ustawa o związkach partnerskich w Polsce?. Innastrona.pl. Retrieved on 20 November 2011.
4. ^ Lewica będzie pracować nad projektem ustawy o związkach partnerskich. Queerlife.pl. Retrieved on 20 November 2011.
5. ^ Debata nad ustawą coraz bliżej?. Innastrona.pl. Retrieved on 20 November 2011.
6. ^ Poland's pride?. Economist.com. Retrieved on 20 November 2011.
7. ^ Registered Partnerships in Poland in 2016?^{[dead link]}
8. ^ Związki partnerskie za sześć lat
9. ^ ^{a b} Projekt ustawy o umowie związku partnerskiego. (PDF) . Retrieved on 20 November 2011.
10. ^ Projekt SLD dla związków partnerskich. Tvn24.pl (17 May 2011). Retrieved on 20 November 2011.
11. ^ PiS wykorzystuje wszystko, co się da do politycznej rozgrywki. Klub.platforma.org (14 February 2011). Retrieved on 20 November 2011.
12. ^ Tusk: Związki partnerskie po wyborach. Rp.pl. Retrieved on 20 November 2011.
13. ^ PO: ustawa o związkach partnerskich jest dobra. Nie będziemy głosować. Tokfm.pl. Retrieved on 20 November 2011.
14. ^ "Jesteśmy na równi pochyłej. Dziwię się Tuskowi". Wiadomosci.onet.pl. Retrieved on 20 November 2011.
15. ^ Nasze podpisy odniosły skutek! Będzie debata o związkach partnerskich!". Wyborcza.pl (30 June 2011). Retrieved on 20 November 2011.
16. ^ ^{a b} Poselski projekt ustawy o umowie związku partnerskiego (First reading in the Committees). Orka.sejm.gov.pl. Retrieved on 20 November 2011.
17. ^ Uwagi Sądu Najwyższego do projektu ustawy o związkach partnerskich (Polish). Docs.google.com. Retrieved on 20 November 2011.
18. ^ Członek Ruchu Palikota ministrem? Jest decyzja. Wybory.wp.pl (11 October 2011). Retrieved on 20 November 2011.
19. ^ Palikot nagłaśnia krzyż i marihuanę. A SLD związki partnerskie. Fakty.interia.pl. Retrieved on 20 November 2011.
20. ^ Poseł PO ujawnia pierwsze powyborcze plany. Wiadomosci.onet.pl. Retrieved on 20 November 2011.
21. ^ (Polish) Posiedzenie komisji nr. 303 z dn. 27 July 2011. Orka.sejm.gov.pl (27 July 2011). Retrieved on 20 November 2011.
22. ^ "Związki partnerskie? Poprę zmiany, które pozwolą ludziom żyć razem". Dzienniklodzki.pl. Retrieved on 20 November 2011.
23. ^ Związek partnerski SLD z Palikotem. Wyborcza.pl (26 October 2011). Retrieved on 20 November 2011.
24. ^ Sejm pochyli się nad związkami partnerskimi. Polskieradio.pl. Retrieved on 20 November 2011.
25. ^ ^{a b} WYBORY 2011: Partie o parach żyjących w konkubinacie. Dziennikbaltycki.pl. Retrieved on 20 November 2011.
26. ^ Precedensowy wyrok w Złotowie. Innastrona.pl. Retrieved on 20 November 2011.
27. ^ Strasbourg: Polish gays can inherit. Thenews.pl. Retrieved on 20 November 2011.
28. ^ Poles Overwhelmingly Reject Same-Sex Marriage: Angus Reid Global Monitor. Angus-reid.com (5 July 2009). Retrieved on 20 November 2011.
29. ^ [1]^{[dead link]}
30. ^ http://www.cbos.pl/SPISKOM.POL/2001/K_049_01.PDF
31. ^ http://www.cbos.pl/SPISKOM.POL/2002/K_049_02.PDF
32. ^ http://www.cbos.pl/SPISKOM.POL/2003/K_189_03.PDF
33. ^ http://www.cbos.pl/SPISKOM.POL/2005/K_127_05.PDF
34. ^ http://www.cbos.pl/SPISKOM.POL/2008/K_088_08.PDF
35. ^ http://www.cbos.pl/SPISKOM.POL/2010/K_095_10.PDF
36. ^ Gej przestraszył Platformę. M.wyborcza.pl (31 May 2011). Retrieved on 20 November 2011.

External links

• Warsaw GayGuide.Net Up2date GayGuide for Warsaw and Poland