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What is the state of LGBTQ+ rights in Poland?

By: Lakshmi Sunder


In recent years, the world has witnessed the governments of many countries growing intolerance towards members of the LGBTQ+ community. However, all countries still have a long way to go before true equality is reached. In the United States, despite the legalization of gay marriage five years ago, over half of the LGBTQ+ community lives in states that don’t have bans on employment discrimination. The gay/trans panic defense - the concept that people can claim temporary insanity and a loss of self-control for assaulting or killing a member of the community after that person “comes out” to them - is still legal in many states, including Texas. With varying degrees of LGBTQ+ tolerance existing throughout the world, some nations are still extremely intolerant, deeming it illegal altogether and saying that it warrants the death penalty.


In Poland, the existence of “LGBTQ+ free zones” and the recent police crackdowns on activists shows that much change needs to be made and that the situation has only worsened since 2015 when the Law and Justice party came into power. Poland went from one of the first countries in Europe to decriminalize same-sex marriage (in 1932), to what is seen as the worst country in the EU for members of the LGBTQ+ community.


What are Poland’s “LGBTQ+ free zones”?


More than a hundred towns and cities in Poland - about a third of the country - have claimed to be “free of LGBT ideology”. The leading Law and Justice party has consistently employed homophobic language; the education minister has said that LGBTQ+ people are not equal to “normal” people, and President Duda has said that gay rights are “more destructive than communism”. As part of Duda’s reelection campaign, he signed the Family Charter, which created no acceptance for same-sex marriage, no adoption by same-sex couples, and no education on the LGBTQ+ community in schools. Many members of the community fear that Poland is getting closer and closer to the ideologies of the infamously anti-LGBT country of Russia.


While the statements of these towns and cities cannot be enforced legally, it certainly reduces the security of marginalized LGBTQ+ people that live in those towns. This anti-LGBTQ+ rhetoric is reflected in many Poles, who view being a part of the community as a sickness.


Many LGBTQ+ individuals struggle with either staying quietly in their “LGBT-free towns” and being persecuted or emigrating to much more progressive cities like Berlin. Some, however, are fighting back.


How is the Polish police and government handling LGBTQ+ activists?


A lot of uproars has resulted from the July 14th arrest of non-binary activist Margo Szutowicz (who uses she/her pronouns) after she allegedly damaged a truck that had anti-LGBT propaganda and allegedly assaulted a pro-life protester. Szutowicz was held in pre-trial detention for twenty-four hours after the district court in Warsaw-Mokotów denied the request to hold her for three months. However, she was also arrested on August 2nd for putting LGBTQ+ flags on monuments in Warsaw. On August 7th, she was placed in a solitary male cell, set to be there for two months.


Following Szutowicz’s arrest and unjust treatment, many activists put rainbow flags on monuments and were arrested in the process. The Human Rights Watch said that Poland’s “vague blasphemy laws” are denying people the international human right of freedom of speech. In July, the European Commission said that it would withhold development funding from six LGBT-free municipalities in Poland. Despite the restraints of the Polish government and police force, people are still advocating for Szutowicz, in small ways and large.


Discussion Questions:

  • Is withdrawing funding from LGBT-free zones an effective way of advocating for LGBTQ+ rights in Poland?

  • How effective are the statements from the Human Rights Watch at sending a message to the Polish government?

  • Is it possible to make strides towards bettering the treatment of LGBTQ+ members prior to the next Polish election cycle?

  • How can cities like Berlin help Polish members of the LGBTQ+ community that immigrate there?

  • What can the EU do to improve the treatment of LGBTQ+ Poles?


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