Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Poland face legal challenges not experienced by non-LGBTQ residents. According to ILGA-Europe's 2025 report, the status of LGBTQ rights in Poland is among the worst of the European Union countries.
Both male and female same-sex sexual activity were decriminalized in 1932, when the country introduced an equal age of consent for homosexuals and heterosexuals, which was set at 15. Poland provides LGBTQ people with the same rights as heterosexuals in areas such as: gay and bisexual men are allowed to donate blood, gays and bisexuals are allowed to serve openly in the Polish Armed Forces, and transgender people are allowed to change their legal gender following certain requirements, which include undergoing hormone replacement therapy. Polish law bans employment discrimination based on sexual orientation, although such protections may not be effective in practice. No current protections for health services and hate crimes exist, however an amendment to hate crime laws that covers sexual orientation and sex/gender is in consideration.BULLETIN OF THE COMMISSIONER FOR HUMAN RIGHTS 2019, no. 6 The Principle of Equal Treatment. Law and Practice, no. 27 "The legal situation of non-heterosexual and transsexual persons in Poland: International standards for the protection of LGBTQ persons human rights and compliance therewith from standpoint of the Commissioner for Human Rights" In 2019, the Constitutional Tribunal ruled that the provision of Polish Petty Offence Code, which made it illegal to deny goods and services without "a just cause", was unconstitutional.
Article 18 of the Polish Constitution states that "Marriage, as a union of a man and a woman, shall be placed under the protection and care of the Republic of Poland." According to several jurists, this article bans same-sex marriage. The Supreme Court, the Constitutional Tribunal and the Supreme Administrative Court have ruled that Article 18 of the Constitution limits the institution of marriage to opposite-sex couples, and that the legalization of same-sex marriage would require a constitutional amendment. While ahead of the 2015 Polish parliamentary election, the ruling Law and Justice (PiS) party had taken an anti-migrant stance, and in the run-up to the 2019 Polish parliamentary election, PiS focused on countering alleged Western "LGBT ideology". Encouraged by national PiS politicians, , 100 municipal councils (from villages to five voivodships), informally declared themselves "free from LGBT ideology", but by 6th February 2024 Warsaw Voivodship Administrative Court repealed the last of these declarations.
On 20 July 2019, a violent counter-protest took place during the first Equality March in Białystok. Police estimated that about 800 peaceful marchers were confronted by more than 4,000 counter-protesters, heavily outnumbering the attendees. Eyewitnesses, journalists, and human rights monitors documented that counter-protesters indiscriminately threw stones, bricks, firecrackers, flash bombs, rotten eggs, and bottles filled with urine at marchers, including children and teenagers, requiring heavy riot police intervention to prevent mass casualties.
Opinion polls on the public perception of LGBTQ rights in Poland have been contradictory, with many showing large support for registered partnerships, and some indicating a majority of opponents. Many left-wing and liberal political parties, namely the New Left, Labour Union, the Social Democratic Party, Modern, Together and Spring, have expressed support for the gay rights movement. In November 2023, a same-sex married couple issued Polish courts to rectify the legality of same-sex marriages. On 20 March 2026, the Supreme Administrative Court of Poland has ruled that civil-registry offices must recognise and transcribe marriage certificates of same-sex couples married in another EU member state. The ruling was first implemented by the Warsaw registry office on 14 May 2026.. However, on July 28, 2026, the Polish Constitutional Tribunal ruled that the transcription of same-sex marriages is incompatible with the Polish Constitution.
For years, the ultra-conservative organization "Fundacja Pro Prawo do Życia" operated "homophobuses" (homofobusy), vans featuring large banners, crossed-out rainbow flags, and defamatory imagery equipped with loudspeakers through major Polish cities. The audio loops blasted by these vans explicitly linked homosexuality to pedophilia and framed non-heterosexual orientations as psychiatric disorders. Under the conservative Law and Justice (PiS) administration, authorities and the police heavily protected the vans under the banner of "freedom of speech," frequently arresting citizens who attempted to physically block the vehicles.
A 2025 study by the business coalition Open for Business estimated that workplace exclusion and diminished public health outcomes cost the Polish economy up to 20.4 billion PLN annually due to talent loss and systemic discrimination.
Legality of same-sex sexual activity During the Partitions of Poland (1795–1918) and the German occupation of Poland (1939–1945), laws prohibiting homosexuality were imposed on some territories that make up the modern Polish state. A notable exception was the Napoleonic Code, which was introduced in 1808 and decriminalized homosexuality in parts of Poland until it was overturned by a Tsarist decree in 1835.
Following World War I, same-sex activity continued to be formally criminalized in now-independent Poland, because the penal codes of the Russian Empire, the Kingdom of Prussia and the Austria-Hungarian Empire remained in power. They mostly criminalized male same-sex acts, though the Austrian code included broader provisions against so-called "same-sex fornication" and was also used against women.
The new Polish Penal Code of 1932 () decriminalized consensual same-sex acts. The decision had already been taken in the early 1920s and represented the success of long-lasting transnational advocacy. Homosexual prostitution remained illegal. According to lawyer Monika Płatek, these provisions were applied very broadly to homosexual couples to prevent them living together; any type of gift or paying for a partner's food, clothing, or lodging could be interpreted as prostitution.
In 1948 during the Polish People's Republic, age of consent was set to 15, equal to that of heterosexual partners.Kultura i społeczeństwo PRL. Materiały ze Studenckiej Sesji Naukowej, Wrocław, 26 kwietnia 2001 r.Tatchell (1992), p. 151 Homosexual prostitution was legalized in 1969. Homosexuality was removed from the list of diseases in 1991.
Recognition of same-sex relationships
There is no legal recognition of same-sex couples in Poland, though cohabiting same-sex couples do enjoy certain limited benefits, namely in the tenancy of a shared household, the right not to testify against the partner and residency rights under EU law. Same-sex marriage is not recognized, and Article 18 of the Constitution of Poland states that "Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland." This has led to much debate over whether or not it is a definitive ban on same-sex marriage. A 2019 ruling from an administrative court provided a justification for a single verdict against same-sex marriage, stating in ruling binding only on the parties in the proceedings that the language in Article 18 does not explicitly ban same-sex marriage. Earlier judgments of the Supreme Court, the Constitutional Tribunal and the Supreme Administrative Court have found the Constitution bans same-sex marriage by defining marriage as a heterosexual-only institution.
Historian Kamil Karczewski has documented a homosexual relationship that could be considered the first known case of a same-sex relationship founded on commitment and a vow in Poland's history. This union involved Marian Kuleszyński and Stefan Góralski, residents of the Suwałki region in the early 1920s. Although kept secret and devoid of legal recognition, their commitment was founded on loyalty, the presumption of permanence, and a 'friendship for life oath' that included vows never to separate, to defend and support each other, and to maintain the confidentiality of their relationship. This published case offers insights into the complexities of same-sex relationships in earlier times.
A civil union bill was first proposed in 2003. In 2004, under a left-wing Government, the Senate approved the bill allowing gay and lesbian couples to register their relationship. 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, however.
The major opposition to introducing same-sex marriages or civil unions comes from the Roman Catholic Church, which is influential politically, holding a considerable degree of influence in the state. The Church also enjoys immense social prestige. The Church holds that homosexuality is a deviation. In 2012, the nation was 95% Roman Catholic, with 54% practicing every week.
In January 2013, the Sejm voted to reject five proposed bills that would have introduced civil partnerships for both opposite-sex and same-sex couples. The High Court later issued an opinion stating that the bills proposed by the Democratic Left Alliance, Your Movement and Civic Platform were all unconstitutional, as Article 18 of the Constitution protects marriage. In December 2014, the Sejm refused to deal with a civil partnership bill proposed by Your Movement, with 235 MPs voting against debating the bill, and 185 MPs voting for. In May 2015, the Sejm again refused to deal with the topic, with 215 MPs voting against and only 146 for. Prime Minister Ewa Kopacz said that civil partnerships were an issue for the next Parliament to deal with. A new partnership bill was proposed on 12 February 2018 by the Modern party.
In June 2018, the European Court of Justice ruled that EU members states must grant married same-sex couples, where at least one partner is an EU citizen, full residency rights and recognise their freedom of movement.
On 29 May 2026, the Sejm passed the "Act on the Status of the Closest Person in a Relationship" (). Under the proposed bill, two adults would be able to sign a notarized agreement granting them limited cohabitation rights, including shared property arrangements, maintenance obligations, joint property and tax settlements, and access to their partner's medical information. Katarzyna Kotula welcomed the vote, calling the bill "the first law in [Poland's] history that gives the possibility of recognizing same-sex unions." The legislation now moves to the upper-house Senate before heading to President Karol Nawrocki, who is aligned with the conservative opposition. On 27 May, Paweł Szefernaker, the head of Nawrocki's cabinet stated: "There is not and will not be consent from the president for the introduction or legalisation of civil partnerships". Speaking just ahead of the Sejm vote, Nawrocki himself confirmed this stance, stating: "I am the guardian of the Constitution that states explicitly that marriage is a union between a man and a woman." However, the president added that he would be willing to sign limited cohabitation rights, provided they do not mirror the legal framework of civil partnerships.
Poland continued to deny recognition to same sex couples, and in July 2020, the European Court of Human Rights notified the Polish government of cases filed by Polish same-sex couples, inviting the Polish government to present its position on the issue (Andersen v. Poland).