Bill introducing same-sex civil partnerships in Poland added to government agenda

A bill introducing same-sex civil partnerships in Poland has been added to the government’s agenda. The legislation, which would also introduce the same right for opposite-sex couples, still faces a number of hurdles – including divisions within the ruling coalition and a potential presidential veto – to become law.

A notification regarding the bill was published on the government website on Monday. It notes that the legislation aims to implement a European Court of Human Rights ruling issued in December that found Poland’s lack of legal recognition and protection for same-sex couples violates their human rights.

But even before that ruling was issued, parties that make up most of the ruling coalition that won a majority at October’s parliamentary elections had pledged to introduce same-sex civil partnerships once they came to power.

However, some conservative elements within the government – in particular the agrarian Polish People’s Party (PSL) – have been resistant towards the idea, resulting in lengthy negotiations before the draft bill was announced yesterday.

The legislation would allow both opposite-sex and same-sex couples to form legally registered partnerships. The justification on the government’s website notes that the number of unmarried cohabiting couples rose from 316,500 at the time of the 2011 census to 552,800 a decade later.

“There is undoubtedly a social need to increase the legal protection of families created by same-sex and different-sex couples who do not marry,” reads the justification.

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The proposed law would allow any two unmarried adults, regardless of their gender, to enter a registered partnership at a registry office. This would provide them with enhanced rights and obligations relating to taxation, healthcare, inheritance and alimony.

These include, among others, statutory inheritance upon a partner’s death, exemption from inheritance and gift taxes, and the possibility to cover a partner with health insurance and to represent them before public offices and courts.

However, Maja Heban from Miłość Nie Wyklucza, a leading LGBT+ rights organisation, told the Polish Press Agency (PAP) that they were disappointed that some “key issues are missing” from the legislation, including the right for one partner in a same-sex couple to legally adopt the child of the other partner.

“Some form of civil partnerships, of course, will be better than no solution at all,” said Heban. “But as long as rainbow families are simply not protected and children are left in a legal vacuum, we will have to continue to protest.”

The notification on the government’s website estimates that approval of the bill by the cabinet will take place in the fourth quarter of this year. In the meantime, inter-ministerial discussions and public consultations will take place.

Once approved by the cabinet, the bill passes to parliament, where the government has a majority in both chambers. But MPs may be given the freedom to vote with their conscience rather than follow the party line. That could result in some more conservative members of the coalition voting against it.

The ruling coalition currently has 247 MPs in the 460-seat Sejm, the more powerful lower house of parliament. Given that the conservative opposition is unlikely to vote for same-sex partnerships, that means the government would require almost all of its MPs to support the bill.

On Monday, Katarzyna Pełczyńska-Nałęcz, a government minister, told broadcaster TVN that talks were taking place with PSL in an effort to ensure a majority for the bill.

If passed by parliament, the legislation moves on to President Andrzej Duda, a conservative opponent of the government. He can sign the bill into law, veto it, or send it to the constitutional court for assessment.

Four years ago, while campaigning for a second term, Duda indicated he would “seriously consider signing a bill” introducing registered partnerships. However, in January this year, his chief of staff said that “the president does not support civil partnerships”.

A poll last month by IBRiS for Rzeczpospolita, a leading newspaper, found that almost two thirds (63%) of Poles are in favour of introducing civil partnerships. A poll in April by United Surveys for Dziennik Gazeta Prawna and RMF FM produced an almost identical result of 66% support.

For the last five years running, Poland has been ranked as the worst country in the European Union for LGBT+ people when it comes to their laws and policies that have an impact on their human rights.

Main image credit: Miłość Nie Wyklucza/Flickr (under CC BY-NC 2.0)

Daniel Tilles

Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.