Entry #378: Same-sex marriage in Poland

Current Version

RegionPoland
IssueSame-sex marriage
StatusBanned
Start Date(unknown)
End DateNov 27, 2012
DescriptionArticle 18 of the Polish Constitution defines marriage as "a union of a man and a woman".
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.
Sourceshttps://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm
https://www.theguardian.com/world/2018/jun/05/eu-countries-recognise-rights-gay-spouses-european-court-of-justice-ecj
Reports (1)
  • Other "Polish constitution doesn't say that. However, It says "Marriage as an union between male and female is protected by the state". Far right politics try to manipulate people that it means, the same sex Marriage is not possible to enforce"

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Revision History (8)

edited by Doomdorm64. fixing typo

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DescriptionArticle 18 of the Polish Constituation defines marriage as "a union of a man and a woman".
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.		Article 18 of the Polish Constitution defines marriage as "a union of a man and a woman".
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.
Show Difference
Article 18 of the Polish Constituation defines marriage as "a union of a man and a woman". Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized. Constitution defines marriage as "a union of a man and a woman". Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.

edited by Ratabzoo. Moved end to an earlier date.

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End DateNov 28, 2012Nov 27, 2012
Reports (2)
  • Other "The constitution DOESN'T define marriage as an union of man and woman. It just says that marriage of man and woman is under special protection. They used the word "as", not "is". "The marriage AS the union between man and woman is under special protection of the Republic of Poland", not "Marriage IS an union between man and woman and is under special protection of the republic of Poland"."
  • Newer law has been passed

edited by Samuel_NOT_Samuele. added

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ValueForeign same-sex marriages recognized onlyBanned

edited by JuliaB. other type of partnership in Poland is legal from november 2012

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End Date(none)Nov 28, 2012

edited by Vito12. If this is wrong please change it

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ValueUnregistered cohabitationForeign same-sex marriages recognized only
Reports (4)
  • Status is not correct "On November 28, 2012, the Supreme Court adopted a resolution on the interpretation of Art. 691 k.c. in which it ruled: “A person actually cohabiting with the tenant (within the meaning of Article 691 § 1 of the Civil Code) is a person connected with the tenant by emotional, physical and economic bonds; also a person of the same sex.""
  • Status is not correct "https://europa.eu/youreurope/citizens/family/couple/registered-partners/index_en.htm Polish authorities do not recognize any same-sex marriages regardless of the country the marriage was registered in"
  • Status is not correct "There is no recognition of gay marriages at all... People married in other countries are still absolutely strangers to each other by law..."
  • Status is not correct "Registration of a same-sex marriage in Poland is still not possible, and also foreign ones"

edited by Pizzaslices412653

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Old Value New Value
ValueBannedUnregistered cohabitation
DescriptionArticle 18 of the Polish Constituation defines marriage as "a union of a man and a woman".
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed.		Article 18 of the Polish Constituation defines marriage as "a union of a man and a woman".
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.
Show Difference
Article 18 of the Polish Constituation defines marriage as "a union of a man and a woman". Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed. Unregistered cohabitation recognized.
Reports (3)
  • Other "Unregistered Cohabitation is correct, but as of January 8th 2019, the administration court for the Masovian Voivodeship decided that the Article 18 of the polish constitution does not prove a direct obstacle against same-sex marriages. "
  • All information is correct, just adding sources "As an LGBTQ+ person from Poland, the marriage is not illegal. The constitution is saying that "marriage as a union of a man and a woman, family, motherhood and parenthood is under the care and protection of the Republic of Poland" therefore, is not illegal, but not protected and legally recognized"
  • All information is correct, just adding sources "The translation is incorrect Marriage (...) as a union between men and women is under state protection. Therefore same sex marriage are not illegal but outside of state protection. That's the way of interpretation of law, by some lawyers "

edited by beeurd

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Old Value (Original) New Value
ValueUnrecognizedBanned
DescriptionArticle 18 of the Polish Constituation defines marriage as "a union of a man and a woman".
Legal challenges have been made against this, including in the European Court of Human Rights, and The Court of Justice of the European Union has also ruled that all EU member states must recognise the rights of same-sex spouse, but no new law has been passed.
Sourceshttps://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm
https://www.theguardian.com/world/2018/jun/05/eu-countries-recognise-rights-gay-spouses-european-court-of-justice-ecj

created by PeterGalazka

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Original entry
StatusUnrecognized
Start Date(unknown)
End Date(none)
Description(empty)
Sources(empty)
Reports (35)
  • Status is not correct "A) Gay marriages/Same-sex unions are not 'pending', there's no proceedings in the legislature regarding either B)There's no potential 'First openly gay' PM in Poland (The most prominent 'openly gay' politicians are far from becoming a PM (also because next parliamentary elections are to be held in 2023) C) There's no EU ruling forcing the Polish state to legalize marriage equality, ECJ has only ruled that under employment law employees in same-sex partnership should enjoy same benefits as their married colleagues "
  • Status is not correct
  • Status is not correct "Wrong info regarding the prime minister"
  • Status is not correct "just illegal"
  • Status is not correct "1. Gay marriage are not recognized, first Courts ruling do not recognize it this way. 2. "First opelny gay prime minister will be elected" - didn't happen, and now dropped in polls to the last place. "
  • Status is not correct
  • Status is not correct "EU marriages not recognized. Anti lgbt government"
  • Status is not correct "i dont recall any openly gay prime minister to be elected in polish politics "
  • Status is not correct "foreign same sex marriages are not recognized in Poland"
  • Status is not correct "President, not Prime minister and he isn't too likely to be elected. Gay marriage would also require change of the constitution. There are no laws pending."
  • Status is not correct "Foreign ones are not recognised. Not even adoptions when 2 parents are the same gender"
  • Status is not correct "there is no openly gay prime minister candidate. foreign marriages are not recognised under polish law. "
  • Status is not correct
  • Status is not correct "Leading parties have no openly gay members. Not even for a moment was there a reason to believe that Poland will have gay prime Minister. "
  • Status is not correct "The "first openly gay" candidate for PM escaped to Brussels as MEP and is no longer considered a candidate for anything."
  • Date is incorrect "There was never gay prime minister in Poland. There was no will to make it legal."
  • Note field is incorrect "Current party is shaming homosexuals and antagonizing Poles against different orientations"
  • Status is not correct "Duda is not gay"
  • Status is not correct
  • Status is not correct "Aims to predict the outcome of elections, when the gay candidate resigned from running (Biedro?)."
  • Status is not correct "Foreign same-sex mariiages are not officially recognized in Poland. There were several attempts for law about civil unions (like the one in the link) but none of them passed. There are some cases sent to European court of justice against Poland, but it is not decided yet. What's more some of the public institutions refuse to provide Polish citizens documents that are needed to marry a foreigner abroad, when they learn it is about same-sex marriage."
  • Status is not correct "The right wing is much stronger then the left wing in poland, even if they are divided"
  • Status is not correct "Firast openly gay prime minister is nowhere near being elected "
  • Note field is incorrect
  • Status is not correct
  • Status is not correct "wrong"
  • Status is not correct "Ever since the last elections it has become very unlikely that Poland will introduce same-sex marriage any time soon. Also, the new government doesn't even have a gay minister."
  • Status is not correct "Foreign same-sex marriages have NEVER bee recognized in Poland, and that is an unfortunate fact."
  • Status is not correct "There is an openly gay person in parliament, who right now is not likely to move any further up from his current position. "
  • Status is not correct "Same sex marriage in poland is illegal"
  • Status is not correct "It is fully impossible to marry a person of the same sex in Poland"
  • Status is not correct
  • Status is not correct "Same-Sex Marriage in Poland is illegal. "
  • Status is not correct
  • Status is not correct "illegal"