Poland Looks to Introduce Same-Sex Civil Unions

Poland’s government took a monumental step toward equality on Friday, October 2024, with the submission of a draft law aimed at legalizing civil unions. This move is a significant milestone for same-sex couples in Poland, a country deeply influenced by its Catholic traditions, where progressive reforms on LGBTQ+ rights have faced resistance for decades. The draft law, which must pass through parliament and receive approval from Poland’s conservative President Andrzej Duda, marks a shift in a long-contested debate that has shaped Poland’s political landscape.

A Historic Step Toward Equality

Equality Minister Katarzyna Kotula, the bill’s presenter, described the proposal as “a new chapter in the long march towards equality.” Kotula’s words reflect the deep-seated anticipation of the LGBTQ+ community and its supporters, who have been advocating for legal recognition for years. The minister also expressed gratitude to the many LGBTQ+ organizations whose tireless efforts contributed to drafting the bill.

“This bill is the result of the long-standing work of many LGBT organizations and activists, without whom we wouldn’t be at this historic moment,” Kotula stated. Her remarks underscored the significance of the legislation, which is more than just a legal document — it is a symbol of hope and progress for many in Poland who have fought for equality in a socially conservative nation.

While the draft law represents a major step forward, it must overcome significant challenges. Poland’s political system, still influenced by traditional Catholic values, has been slow to embrace LGBTQ+ rights. Additionally, President Andrzej Duda has been a staunch opponent of pro-LGBTQ+ reforms, further complicating the path toward civil union legalization. His approval is necessary for the bill to become law, and Duda has previously made statements opposing same-sex unions.

Political and Religious Context

Poland’s Catholic Church has long been a dominant force in shaping social norms and policies, including on matters related to family and marriage. According to the Church’s doctrine, marriage is a sacred union between a man and a woman, and this belief has permeated Poland’s legal framework. As of today, marriage between a man and a woman is the only legally recognized form of relationship in the country.

The powerful influence of the Church, combined with political leadership aligned with nationalist and conservative ideologies, has made any form of legal recognition for same-sex couples a polarizing issue. The Law and Justice Party (PiS), which held power until the 2023 elections, staunchly opposed LGBTQ+ rights and framed itself as a protector of “traditional family values.”

However, the political tides have shifted in Poland. Donald Tusk’s Civic Platform, a pro-European Union party, emerged victorious in the 2023 elections, leading a coalition government. This coalition, comprised of several progressive factions, has put LGBTQ+ rights on the national agenda. Tusk himself promised to introduce the civil unions bill promptly upon taking office, a commitment that was initially delayed due to the need for coalition-building.

Overcoming Conservative Opposition

The delay in introducing the civil unions bill was largely attributed to the need to bring Tusk’s conservative junior partner in the coalition on board. Coalition-building is a delicate process in any political system, but in Poland’s deeply divided landscape, it requires navigating conflicting ideologies. While Tusk’s party is generally more progressive on social issues, some members of his coalition hold more traditional views, which can complicate the passage of progressive reforms.

Despite these internal challenges, the bill is now set to be debated in parliament. If passed, it would allow “two persons” — regardless of gender — to form a civil partnership in a registry office. This definition ensures inclusivity, recognizing both heterosexual and same-sex couples. The bill also includes a provision that would legalize unions of same-sex couples who are married under the law of another country, acknowledging the increasing number of Polish citizens who have sought recognition of their relationships abroad due to the lack of legal options at home.

European Court of Human Rights and International Pressure

The push for same-sex civil unions in Poland is not solely a domestic issue. International bodies, particularly the European Court of Human Rights (ECHR), have been instrumental in pressuring Poland to reform its stance on LGBTQ+ rights. In 2023, the ECHR issued a ruling urging Poland to recognize same-sex couples and protect their relationships. The court criticized Poland’s lack of legal provisions for same-sex couples, which they argued violated basic human rights to privacy and family life, as enshrined in the European Convention on Human Rights.

The ECHR ruling added significant weight to the argument for civil unions, providing legal and moral justification for reform. For Poland, which is a member of the European Union and bound by its human rights standards, the court’s ruling served as a stark reminder that its current laws were out of step with European norms. Many countries across Europe, including traditionally Catholic nations like Spain and Ireland, have already enacted laws recognizing same-sex unions or marriage, leaving Poland increasingly isolated in its refusal to extend such rights.

Conservative Opposition and the Role of President Duda

Despite the momentum for reform, President Andrzej Duda remains a formidable obstacle. Duda, who has been in office since 2015, is closely aligned with the conservative values of the Catholic Church and the Law and Justice Party (PiS). He has made opposition to LGBTQ+ rights a cornerstone of his political platform, framing the issue as a defense of “traditional family values.”

In past speeches, Duda has described LGBTQ+ ideology as more dangerous than communism and has resisted international pressure to extend rights to same-sex couples. His views reflect the sentiment of many conservative voters in Poland, particularly in rural areas, where Catholicism and traditional values hold strong sway.

Given Duda’s previous statements, it is uncertain whether he would sign the civil unions bill into law. His veto power could potentially block the bill’s progress, leading to further political confrontation between the president and the coalition government. Duda has repeatedly clashed with the new government on a range of issues, from judicial reforms to foreign policy, and this latest confrontation could deepen the divide between the executive and legislative branches.

The Road Ahead

The introduction of the civil unions bill is a watershed moment for LGBTQ+ rights in Poland, but the road ahead remains uncertain. If the bill successfully passes through parliament and overcomes President Duda’s potential veto, it will mark a transformative shift in Poland’s legal landscape. For the first time, same-sex couples would have legal recognition and protection, allowing them to formalize their relationships and access certain legal rights previously denied to them.

However, if the bill is blocked, it could galvanize further activism and international pressure. The fight for LGBTQ+ rights in Poland has already gained significant attention across Europe, with activists from across the continent standing in solidarity with Poland’s LGBTQ+ community. The European Union, which has long championed human rights, is likely to continue pressuring Poland to comply with its human rights obligations.

Regardless of the outcome, the debate over civil unions in Poland is a reflection of the broader struggle for LGBTQ+ rights in Europe. It highlights the tension between traditional values and modern human rights standards, and it raises important questions about the role of religion, politics, and international law in shaping national policies.

Conclusion

Poland’s civil unions bill represents a pivotal moment in the country’s evolving approach to LGBTQ+ rights. While the path to legal recognition for same-sex couples is fraught with challenges, the bill’s introduction signals a significant step forward. Whether or not the bill becomes law, the debate it has sparked will continue to shape Poland’s political and social landscape for years to come.