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Poland's path to LGBTQ legal recognition

Poland's path to LGBTQ legal recognition

Rule Changes
By Newzino Staff |

From LGBT-Free Zones to Cohabitation Contracts

December 30th, 2025: Cabinet Approves Cohabitation Contracts Bill

Overview

Poland ranked as the worst EU country for LGBTQ rights for four consecutive years. On December 30, 2025, the government approved a bill allowing any two adults—including same-sex couples—to register cohabitation contracts with a notary, granting rights to joint taxation, inheritance, and medical information access.

The bill represents a compromise between EU legal pressure and domestic political constraints. The European Court of Human Rights ruled in 2023 that Poland violated human rights by failing to recognize same-sex unions. But President Karol Nawrocki has vetoed 20 bills in four months and signaled opposition to anything resembling marriage alternatives. Whether this deliberately modest proposal survives parliament and presidential review will test whether Poland can deliver incremental change under divided government.

Key Indicators

62%
Public support for civil partnerships
Highest level ever recorded in Poland, up from 25% in 2011
20
Presidential vetoes in 4.5 months
Nawrocki has already exceeded his predecessor's 10-year total of 19
0
LGBT-free zones remaining
Down from 104 at peak in 2020, last one abolished in April 2025
2
European court rulings against Poland
ECHR (2023) and ECJ (2025) both ordered recognition of same-sex unions

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People Involved

Donald Tusk
Donald Tusk
Prime Minister of Poland (Leading coalition government since December 2023)
Karol Nawrocki
Karol Nawrocki
President of Poland (Vetoing legislation at record pace)
Katarzyna Kotula
Katarzyna Kotula
Former Minister for Equality (Dismissed in 2025 government reconstruction)

Organizations Involved

Campaign Against Homophobia (KPH)
Campaign Against Homophobia (KPH)
LGBTQ Rights Organization
Status: Leading advocacy organization

Poland's largest LGBTQ rights organization, focused on legal equality and public education campaigns.

Polish People's Party (PSL)
Polish People's Party (PSL)
Political Party
Status: Conservative coalition partner blocking stronger reforms

Christian democratic, socially conservative party whose 32 MPs give Tusk's coalition its majority—and veto power over progressive legislation.

European Court of Human Rights
European Court of Human Rights
International Court
Status: Issued binding ruling against Poland

The Strasbourg court whose December 2023 ruling created legal obligation for Poland to recognize same-sex unions.

Timeline

  1. Cabinet Approves Cohabitation Contracts Bill

    Legislative

    Council of Ministers adopted draft bill allowing any two adults to register cohabitation contracts before a notary, granting basic property, tax, and healthcare access rights.

  2. ECJ Orders Poland to Recognize Foreign Same-Sex Marriages

    Legal

    European Court of Justice ruled Poland must recognize same-sex marriages lawfully concluded in other EU member states, though not require domestic legalization.

  3. Nawrocki Sworn in as President

    Political

    PiS-aligned Karol Nawrocki became president, replacing Andrzej Duda. He quickly began vetoing legislation at record pace.

  4. Last LGBT-Free Zone Abolished

    Policy

    Officials in Łańcut voted 13-5 to repeal the country's last remaining 'LGBT Ideology Free' zone, motivated by EU funding concerns.

  5. Civil Partnerships Bill Published

    Legislative

    Minister of Equality Katarzyna Kotula presented civil partnerships bill granting inheritance, property, and tax rights—but no adoption rights, a concession to PSL.

  6. Tusk Promises Civil Partnerships Bill

    Statement

    New Prime Minister Donald Tusk announced a civil partnerships bill would be introduced in early 2024.

  7. ECHR Rules Poland Violates Human Rights

    Legal

    European Court of Human Rights ruled 6-1 in Przybyszewska v. Poland that failure to recognize same-sex unions violates Article 8 of the Convention.

  8. Tusk's Coalition Defeats Law and Justice

    Election

    Opposition parties won parliamentary majority, ending eight years of PiS rule. Tusk promised civil partnerships and simplified gender recognition.

  9. EU Threatens to Withhold Funds

    International

    European Commission sent letters to Polish regional councils indicating EU funds would be withdrawn unless LGBT-free zones were abandoned. Four voivodeships withdrew measures.

  10. EU Commission President Condemns LGBT-Free Zones

    International

    Ursula von der Leyen declared 'LGBTQI-free zones are humanity-free zones' in her State of the Union address, signaling EU would act.

  11. Duda Calls LGBT Rights 'More Destructive Than Communism'

    Statement

    President Andrzej Duda intensified anti-LGBTQ rhetoric during his re-election campaign, calling LGBT ideology more destructive than communism.

  12. First 'LGBT-Free Zone' Declared

    Policy

    The town of Świdnik became the first Polish municipality to adopt a resolution rejecting 'LGBT ideology,' launching a movement that would spread to over 100 localities.

Scenarios

1

Bill Passes Parliament, Nawrocki Vetoes

Discussed by: Political analysts at Notes From Poland, Brussels Signal

Parliament passes the cohabitation contracts bill with coalition support. Nawrocki vetoes it as an 'alternative to marriage,' consistent with his stated position. The coalition lacks the three-fifths majority needed to override. The bill dies, but becomes a 2027 election issue.

2

Bill Becomes Law, Limited Impact

Discussed by: Equality Minister statements, LGBTQ advocacy groups

Nawrocki unexpectedly signs the bill, judging it sufficiently limited. Same-sex couples gain basic contractual rights—joint taxes, health information access, care leave—but no parental rights or marriage recognition. Advocates call it a 'first step' while critics note it falls far short of EU standards.

3

Coalition Fractures, Bill Abandoned

Discussed by: PSL internal polling, Polish political commentators

PSL, already polling its members on alternative coalitions with PiS, withdraws support for the bill or leaves the coalition entirely. The government loses its majority. The cohabitation contracts bill is abandoned as Poland faces political crisis.

4

EU Fines Force Stronger Action

Discussed by: European Commission officials, legal analysts

Poland fails to comply with ECHR and ECJ rulings. EU imposes escalating fines similar to those used over judicial independence issues. Financial pressure eventually forces Poland to adopt civil partnerships legislation meeting European standards, potentially after 2027 elections change the political landscape.

Historical Context

Ireland's Path from Civil Partnership to Marriage Equality (2010-2015)

January 2010 - November 2015

What Happened

Ireland passed civil partnership legislation in 2010, giving same-sex couples rights similar to marriage but with 160 documented differences. Activists used the civil partnership framework to build public support and demonstrate that legal recognition didn't threaten traditional families. Five years later, Ireland became the first country to legalize same-sex marriage by popular referendum, with 62% voting yes.

Outcome

Short Term

Civil partnerships provided immediate legal protections while normalizing same-sex relationships in Irish law and society.

Long Term

The incremental approach built a coalition broad enough to win a constitutional referendum—a higher bar than parliamentary legislation.

Why It's Relevant Today

Poland's cohabitation contracts follow a similar incremental strategy. The question is whether Poland's political constraints will allow the same progression, or whether the limited scope will become a permanent ceiling.

Germany's Registered Partnerships to Marriage Equality (2001-2017)

August 2001 - October 2017

What Happened

Germany introduced registered life partnerships in 2001, initially with fewer rights than marriage. Over 16 years, courts and parliament gradually expanded partnership rights until they were nearly equivalent to marriage—at which point the distinction became legally and politically untenable. In June 2017, a citizen's question at a public forum prompted Chancellor Angela Merkel to allow a conscience vote. Parliament voted 393-226 for marriage equality; Merkel voted no but let it pass.

Outcome

Short Term

Registered partnerships provided legal security while courts systematically struck down differential treatment.

Long Term

The partnership framework created facts on the ground—44,000 registered couples by 2016—that made full marriage rights a matter of consistency rather than revolution.

Why It's Relevant Today

Germany shows how incremental recognition can lead to full equality, but also that it can take 16 years. Poland's constitutional language and presidential veto make the path longer and less certain.

Hungary's Unregistered Cohabitation Recognition (1996-2012)

1996 - 2012

What Happened

Hungary became the first Eastern European country to recognize same-sex cohabitation in 1996, granting limited inheritance and pension rights. In 2009, parliament passed registered partnerships with broader rights. Then in 2012, Viktor Orbán's government amended the constitution to define marriage as between a man and a woman, preventing further expansion. Hungary has not advanced beyond registered partnerships since.

Outcome

Short Term

Early recognition established legal precedent and protected some couples.

Long Term

Constitutional entrenchment of marriage definitions created a ceiling that has held for over a decade despite EU membership.

Why It's Relevant Today

Hungary demonstrates that incremental progress is not inevitable—constitutional barriers and nationalist governments can freeze rights in place. Poland's Article 18, frequently interpreted as banning same-sex marriage, poses similar risks.

10 Sources:
+4
U.S. News & World Report CGTN Europe Notes From Poland Brussels Signal Human Rights Watch Wikipedia Campaign Against Homophobia Notes From Poland Notes From Poland Wikipedia