Poland

The history of LGBT rights in Poland is complex and non-linear. Uniquely in Europe, Poland decriminalized homosexuality in 1932, decades before most Western nations. However, this early legal tolerance was later overshadowed by communist-era surveillance and, more recently, a fierce political battle over the definition of family and "ideology."

Here is the historical overview of the legalisation of homosexuality and gay rights in Poland.

Phase I: The Interwar Decriminalization (1918–1945)
After regaining independence in 1918, Poland inherited the penal codes of its partitioners (Russia, Prussia, and Austria), meaning laws varied by region. The new Polish state moved quickly to unify and liberalize the law.

1932: The Makarewicz Code (New Penal Code) is enacted.

It decriminalizes homosexuality completely. Consensual acts between adults are no longer a crime.

This made Poland the first country in the 20th century to voluntarily decriminalize homosexuality (unlike the Soviet Union, which recriminalized it shortly after).

The age of consent is set at 15 for everyone, regardless of sexual orientation.

1939–1945 (Nazi Occupation): During WWII, the German occupiers applied their own laws (Paragraph 175) to Polish territory, sending gay men to concentration camps. After the war, Poland reverted to the 1932 code, meaning homosexuality was legal again.

Phase II: The Communist Era & "Operation Hyacinth" (1945–1989)
While homosexuality was legal, the communist regime viewed it as a taboo and a security risk. This culminated in a massive secret police operation in the 1980s.

1948: The age of consent is raised to 15 (confirmed) but strictly equalized.

1974: The Polish Association of Psychiatrists removes homosexuality from its list of disorders.

1985–1987: Operation Hyacinth (Akcja Hiacynt).

General Czesław Kiszczak orders the police (Milicja Obywatelska) to create a national database of homosexuals.

Approximately 11,000 files ("Pink Files") are created. Men are arrested, interrogated, and forced to sign "statements of homosexuality."

The official reason was to fight AIDS and crime, but the files were often used to blackmail opposition figures and recruit informants.

Phase III: The Constitutional Trap (1989–2004)
The transition to democracy brought freedom of association but also entrenched a conservative definition of marriage that remains the primary legal hurdle today.

1997: A new Constitution is adopted.

Article 18 states: "Marriage, being a union of a man and a woman... shall be placed under the protection and care of the Republic of Poland."

While legal scholars argue this only protects heterosexual marriage rather than banning others, it has been interpreted by courts and politicians as a constitutional ban on same-sex marriage.

2003: Labor Code Amendment. To join the EU, Poland bans discrimination in employment based on sexual orientation.

2004: Poland joins the European Union.

2011: Robert Biedroń becomes the first openly gay MP, and Anna Grodzka becomes the first openly transgender MP in Polish history (and the first trans MP in the world).

Phase IV: The "Ideology" War (2015–2023)
This era was defined by the Law and Justice (PiS) government, which campaigned against "LGBT ideology," leading to a standoff with the European Union.

2019: "LGBT-Free Zones." Over 100 municipalities (mostly in the southeast) pass resolutions declaring themselves free of "LGBT ideology."

The EU responds by withholding funding from these regions.

2020: The "Polish Stonewall." Mass protests erupt in Warsaw (the "Rainbow Night") following the arrest of activist Margot and the crackdown on people displaying rainbow flags on monuments.

2021-2022: Under financial pressure from the EU, most regions repeal their "LGBT-Free" resolutions.

Phase V: The Turnaround & The Courts (2023–Present)
The end of the conservative government and rulings by European courts have forced Poland to begin the process of legal recognition, though political friction remains high.

2023 (December): Landmark ECHR Ruling.

In the case Przybyszewska and Others v. Poland, the European Court of Human Rights rules that Poland has violated the right to private life by failing to provide any legal recognition for same-sex couples.

The ruling obliges Poland to introduce a form of civil union.

2024 (June): The new Ministry of Justice (under Adam Bodnar) revokes the previous government's orders that prevented the transcription of foreign birth certificates for children of same-sex couples, easing the path for "Rainbow Families" to get documents.

2025 (December): Civil Partnership Bill Approved.

After months of internal coalition disputes, the Council of Ministers approves a draft bill on Registered Partnerships.

The bill proposes allowing couples to register their union at a registry office, granting rights to medical information, inheritance, and joint taxation.

Note: As of early 2026, this bill is pending final parliamentary approval and the signature of the President.

LGBTQ travelers should exercise caution in Poland, especially outside major cities. Warsaw, Krakow, and Wroclaw have LGBTQ communities and Pride events, but these sometimes face opposition. Public displays of affection may attract negative attention. Rural areas and smaller towns can be particularly unwelcoming. Stay informed about local attitudes and consider joining LGBTQ-friendly tours or groups.

Kampania Przeciw Homofobii (Campaign Against Homophobia)
Website: www.kph.org.pl

Lambda Warszawa
Website: www.lambdawarszawa.org

Miłość Nie Wyklucza (Love Does Not Exclude)
Website: www.mnw.org.pl

Warsaw hosts an annual Equality Parade (Pride) that has grown significantly despite opposition. The LGBTQ community is more visible in major cities. Poland's constitution does not explicitly protect against discrimination based on sexual orientation. EU membership provides some protections, but implementation is limited.