Civil unions in Poland
Encyclopedia
In 2004, under the previous left-wing government the Senate
Senate of Poland
The Senate is the upper house of the Polish parliament, the lower house being the 'Sejm'. The history of the Polish Senate is rich in tradition and stretches back over 500 years, it was one of the first constituent bodies of a bicameral parliament in Europe and existed without hiatus until the...

 approved a bill allowing gay and lesbian people to register their relationships as civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

s. 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
Labour Union (Poland)
The Labour Union is a social-democratic political party in Poland. It is a member of the Party of European Socialists and Socialist International....

 and Social Democracy of Poland, (both Social Democrats) support the bill, while Civic Platform
Civic Platform
Civic Platform , abbreviated to PO, is a centre-right, liberal conservative political party in Poland. It has been the major coalition partner in Poland's government since the 2007 general election, with party leader Donald Tusk as Prime Minister of Poland and Bronisław Komorowski as President...

, League of Polish Families
League of Polish Families
The League of Polish Families is a right-wing political party in Poland. It was represented in the Polish parliament, forming part of the cabinet of Jarosław Kaczyński, until the latter dissolved in September 2007....

 and Law and Justice
Law and Justice
Law and Justice , abbreviated to PiS, is a right-wing, conservative political party in Poland. With 147 seats in the Sejm and 38 in the Senate, it is the second-largest party in the Polish parliament....

 (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
Law and Justice
Law and Justice , abbreviated to PiS, is a right-wing, conservative political party in Poland. With 147 seats in the Sejm and 38 in the Senate, it is the second-largest party in the Polish parliament....

 party, planned to amend the Polish constitution to constitutionally ban any recognition of same-sex relationships.

A new Registered Partnership
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

 bill was proposed to the government of Civic Platform
Civic Platform
Civic Platform , abbreviated to PO, is a centre-right, liberal conservative political party in Poland. It has been the major coalition partner in Poland's government since the 2007 general election, with party leader Donald Tusk as Prime Minister of Poland and Bronisław Komorowski as President...

 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). The political climate also changed, in which some politicians from the parties opposed to the legalization of same-sex unions like PO or PiS
Law and Justice
Law and Justice , abbreviated to PiS, is a right-wing, conservative political party in Poland. With 147 seats in the Sejm and 38 in the Senate, it is the second-largest party in the Polish parliament....

, including Jerzy Buzek
Jerzy Buzek
Jerzy Karol Buzek is a Polish engineer, academic lecturer and politician who was the ninth post-Cold War Prime Minister of Poland from 1997 to 2001...

 (PO) and Michał Kamiński (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. 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
Pacte civil de solidarité
In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage...

 law. However, the bill has no chances to be passed in the current parliament since the other parties PO
Civic Platform
Civic Platform , abbreviated to PO, is a centre-right, liberal conservative political party in Poland. It has been the major coalition partner in Poland's government since the 2007 general election, with party leader Donald Tusk as Prime Minister of Poland and Bronisław Komorowski as President...

, PiS
Law and Justice
Law and Justice , abbreviated to PiS, is a right-wing, conservative political party in Poland. With 147 seats in the Sejm and 38 in the Senate, it is the second-largest party in the Polish parliament....

 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
Polish parliamentary election, 2011
A parliamentary election to both the Senate and the Sejm was held in Poland on 9 October 2011. The previous election, in 2007, resulted in a Civic Platform–Polish People's Party government...

.

On 17 May 2011, the SLD presented a draft law on registered partnership
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

, which will regulate the relationship of same-sex and opposite-sex unmarried couples. This project is similar to the French PACS
Pacte civil de solidarité
In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage...

 law. 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
Civic Platform
Civic Platform , abbreviated to PO, is a centre-right, liberal conservative political party in Poland. It has been the major coalition partner in Poland's government since the 2007 general election, with party leader Donald Tusk as Prime Minister of Poland and Bronisław Komorowski as President...

 is open to talk about Registered Partnerships. Polish Prime Minister Donald Tusk
Donald Tusk
Donald Franciszek Tusk is a Polish politician who has been Prime Minister of Poland since 2007. He was a co-founder and is chairman of the Civic Platform party....

 (PO) has declared that the law on registered partnerships would be passed at the beginning of the next term of the Sejm. 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. 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
Polish parliamentary election, 2011
A parliamentary election to both the Senate and the Sejm was held in Poland on 9 October 2011. The previous election, in 2007, resulted in a Civic Platform–Polish People's Party government...

. 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).

The Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

 has expressed its comments to the SLD's proposed draft law on registred partnerships, which was adopted on first reading in the Sejm
Sejm
The Sejm is the lower house of the Polish parliament. The Sejm is made up of 460 deputies, or Poseł in Polish . It is elected by universal ballot and is presided over by a speaker called the Marshal of the Sejm ....

, before the elections on 9 October 2011
Polish parliamentary election, 2011
A parliamentary election to both the Senate and the Sejm was held in Poland on 9 October 2011. The previous election, in 2007, resulted in a Civic Platform–Polish People's Party government...

. 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
Opposite sex
Opposite sex may refer to:* A phrase used in the discussion of gender* The Opposite Sex, a 1956 musical film* The Opposite of Sex, a 1998 film** The Opposite of Sex , a 2004 musical based on the screenplay to the 1998 film...

 cohabitation
Cohabitation
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married...

 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
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

. However, regulation similar to the marriage is excluded, without the prior amendment of Art. 18 of the Constitution. According to Professor Miroslaw Wyrzykowski, head of the Department of Human Rights at the Faculty of Law of University of Warsaw, a former judge of the Polish Constitutional Court, the Constitution requires the introduction of civil partnerships.

After the parliamentary elections held on 9 October 2011
Polish parliamentary election, 2011
A parliamentary election to both the Senate and the Sejm was held in Poland on 9 October 2011. The previous election, in 2007, resulted in a Civic Platform–Polish People's Party government...

, Janusz Palikot
Janusz Palikot
Janusz Marian Palikot is a Polish politician, activist and businessman best known for waving around a pistol and a dildo at a press conference. Palikot studied philosophy and became wealthy as a businessman who dealt with crates and distilled beverages...

, 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. Leszek Miller
Leszek Miller
Leszek Cezary Miller is a Polish central-left-wing politician, leader of the Democratic Left Alliance , Prime Minister of the government of the Republic of Poland in 2001-2004.-Childhood and youth:...

, head of the Parliamentary Club of the Democratic Left Alliance
Democratic Left Alliance
Democratic Left Alliance is a social-democratic political party in Poland. Formed in 1991 as a coalition of centre-left parties, it was formally established as a single party on 15 April 1999. It is currently the third largest opposition party in Poland....

 (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. Rafał Grupiński, vice president of the Parliamentary Club of the Civic Platform
Civic Platform
Civic Platform , abbreviated to PO, is a centre-right, liberal conservative political party in Poland. It has been the major coalition partner in Poland's government since the 2007 general election, with party leader Donald Tusk as Prime Minister of Poland and Bronisław Komorowski as President...

 (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. 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
Civic Platform
Civic Platform , abbreviated to PO, is a centre-right, liberal conservative political party in Poland. It has been the major coalition partner in Poland's government since the 2007 general election, with party leader Donald Tusk as Prime Minister of Poland and Bronisław Komorowski as President...

, 23 PiS
Law and Justice
Law and Justice , abbreviated to PiS, is a right-wing, conservative political party in Poland. With 147 seats in the Sejm and 38 in the Senate, it is the second-largest party in the Polish parliament....

, 7 SLD
Democratic Left Alliance
Democratic Left Alliance is a social-democratic political party in Poland. Formed in 1991 as a coalition of centre-left parties, it was formally established as a single party on 15 April 1999. It is currently the third largest opposition party in Poland....

, 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. Witold Waszczykowski, Member of the Law and Justice
Law and Justice
Law and Justice , abbreviated to PiS, is a right-wing, conservative political party in Poland. With 147 seats in the Sejm and 38 in the Senate, it is the second-largest party in the Polish parliament....

 (PiS) has declared its support for the initiative legalizing same-sex unions.

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
Pacte civil de solidarité
In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage...

), 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.

Potential vote on the 2011 registered partnership bill

TOTAL SEATS POSITION
PO
Civic Platform
Civic Platform , abbreviated to PO, is a centre-right, liberal conservative political party in Poland. It has been the major coalition partner in Poland's government since the 2007 general election, with party leader Donald Tusk as Prime Minister of Poland and Bronisław Komorowski as President...

 (Civic Platform)
207
for
PiS
Law and Justice
Law and Justice , abbreviated to PiS, is a right-wing, conservative political party in Poland. With 147 seats in the Sejm and 38 in the Senate, it is the second-largest party in the Polish parliament....

 (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:

Declared support of political parties during the campaign of parliamentary elections in October 2011
Polish parliamentary election, 2011
A parliamentary election to both the Senate and the Sejm was held in Poland on 9 October 2011. The previous election, in 2007, resulted in a Civic Platform–Polish People's Party government...

.

Symbolic recognition

In 2004, Warsaw
Warsaw
Warsaw is the capital and largest city of Poland. It is located on the Vistula River, roughly from the Baltic Sea and from the Carpathian Mountains. Its population in 2010 was estimated at 1,716,855 residents with a greater metropolitan area of 2,631,902 residents, making Warsaw the 10th most...

's Municipal Transport Authority
Zarzad Transportu Miejskiego
Zarząd Transportu Miejskiego is the local authority controlled body managing all means of public transport in Warsaw...

 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
Chorzów
Chorzów is a city in Silesia in southern Poland, near Katowice. Chorzów is one of the central districts of the Upper Silesian Metropolitan Union - a metropolis with a population of 2 million...

’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
Poznan
Poznań is a city on the Warta river in west-central Poland, with a population of 556,022 in June 2009. It is among the oldest cities in Poland, and was one of the most important centres in the early Polish state, whose first rulers were buried at Poznań's cathedral. It is sometimes claimed to be...

, 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. This is a precedent and courageous decision after the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 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.

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. A 2006 Eurobarometer
Eurobarometer
Eurobarometer is a series of surveys regularly performed on behalf of the European Commission since 1973. It produces reports of public opinion of certain issues relating to the European Union across the member states...

 study found 17% support for same-sex marriage, with 76% opposed.
Poles support for gay rights (CBOS/TNS OBOP* polls) 2001 2002 2003 2005 2008 2010 2011*
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
    Timeline of LGBT history
    The following is a timeline of lesbian, gay, bisexual, and transgender related history.-9660 to 5000 BC:* Mesolithic rock art in Sicily depicts phallic male figures in pairs that have been interpreted variously, including as depictions of homosexual intercourse.-7000 to 1700 BC:*Among the sexual...

  • Homosexuality laws of the world
    Homosexuality laws of the world
    Laws affecting lesbian, gay, bisexual, and transgender people vary greatly by country or territory—everything from legal recognition of same-sex marriage or other types of partnerships, to the death penalty as punishment for same-sex sexual activity or identity.LGBT-related laws include but...

  • Same-sex marriage in the European Union
    Same-sex marriage in the European Union
    Debate has occurred throughout Europe over proposals to legalize same-sex marriage as well as civil unions and registered partnerships.Currently 22 of the 51 countries in Europe recognize some type of same-sex unions, among them a majority of members of the European Union...


Marriage

External links

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