Poland Moves to Legalize Same-Sex Marriage
By Judy Bokao
Same-sex marriages have become contentious in many countries over the past few years. Global views of same-sex marriages vary from country to country. So far, only 34 countries perform and legally recognize gay marriages. Recently, there has been hope that Poland will become the 35th country!
Poland decriminalized homosexuality in 1932, but getting the country to recognize same-sex marriages has been an uphill battle. The current law only acknowledges the cohabitation of same-sex couples and allows them some benefits — namely, residency rights under EU law and the right not to testify against each other.
According to Poland’s constitution Article 18, marriage is the union between a man and a woman. Over the years, many activists have called for the revision of Article 18, stating that it is only binding to the heterosexual parties involved.
A bill to rectify this was proposed in 2003, but unfortunately, it lapsed after the election. This was mainly due to heavy opposition from the Roman Catholic Church, which still has considerable political influence in the country. Since then, the Sejm (the lower house of Poland’s bicameral parliament) has rejected more than five proposed bills that would have introduced civil partnerships for both heterosexual and queer couples.
Polish LGBTQ+ activists must continue to fight for their right to wed legally. A marriage is not only a union between two people, but it also comes with a bouquet of protection. The right to start a family is among the rights and protections offered in a marriage. Regrettably, same-sex couples in Poland are not allowed to adopt kids.
To make matters worse, same-sex couples are not given access to IVF. In 2020, the President formally proposed a constitutional amendment to ban adoption by a person in a same-sex relationship. Later in the same year, a law was proposed only to allow married couples to adopt. This means that same-sex couples would never be allowed to adopt kids. Sadly, in March 2021, the law was passed, and same-sex couples were officially banned from adoption. The law also requires intense vetting of single- parents to ensure they are not cohabiting with a same-sex partner.
As much as the current Polish government seems intent on denying the LGBTQ+ community their rights, it does not reflect how many citizens feel towards the community. A GLOBSEC survey conducted in March 2023 revealed that 54% of Poles supported LGBTQ+ rights. Many poles believe that LGBTQ+ legislation needs to change.
New hope has risen among the people following the Polish re-elections in September 2023. One of the prolific politicians, Donald Tusk, has proposed recognition for same-sex civil partnerships. Given that the opposition won most seats in the parliament and senate, this bill might be likely passed. If it is passed, it will be a life-changing moment for many same-sex couples in the country. Many remain optimistic, even as some analysts reckon the conservative president might veto the bill. According to President Andrzej Duda, homosexuality is a “foreign culture” which he won’t tolerate.
Nonetheless, LGBTQ+ activists and opposition leaders remain hopeful that things will work out in their favour. A few weeks ago, one of the opposition leaders, Robert Biedroń, married his partner in a theatrical wedding as a symbol of hope. He then took to social media to share pictures of the beautiful ceremony, adding love is love. He and his partner, Krysztof Śmiszek, have been together for 25 years and are both opposition party members. Over the years, they have constantly called for the legalisation of same-sex marriage.
The next few weeks will play an integral role in the history of LGBTQ+ rights in Poland. Following the shocking win for the opposition in the just concluded re-elections, many expect Donald Tusk to move quickly once the new government is formed. Queer activists have acknowledged that it won’t be easy, but they are rallying behind Tusk.
We expect to hear the good news soon and are delighted for our Polish friends who have never given up hope. We hope they will finally get the outcome they long deserve as they come close to the finish line.
About the Author:
Judy Bokao is 20 years old and was born in Ethiopia but relocated to Nairobi two years ago. She is passionate about everyone having equal rights and is also big on conservation and speaking up for our planet. Judy loves reading and photography and is just a free-spirited young lady trying to grow into a woman her mom can be proud of.
