Comparison of the legal situation of LGBT+ people in Poland and Spain in the years 1930–2021

Abstract

The subject of the article is the comparison of the legal situation of LGBT+ people in Poland and Spain. Although both countries are members of the European Union, the legal situation in both countries is completely different. Spain is recognized as one of the most culturally liberal and LGBT-friendly countries in the world, and LGBT+ culture has played a significant role in Spanish literature, music, cinema and other forms of entertainment, as well as in social issues and politics. In polls on homosexuality, Spanish public opinion is judged to be “overwhelmingly positive” and society has accepted homosexuality, making it the most LGBT+-friendly. LGBT+ visibility has also increased in several layers of the society, such as the military, the judiciary and the clergy.

The situation in Poland is definitely different. Homosexual persons in Poland face legal challenges that are not faced by other Polish citizens, non-LGBT+ persons. According to the ILGA-Europe report from 2021, the state of LGBT+ rights in Poland is the worst among the European Union countries. In principle, sexual activity of both men and women of the same sex has been legal in Poland since 1932, when the country introduced an equal age of sexual consent for homosexuals and heterosexuals. In theory, Poland provides LGBT+ people with the same rights as heterosexual people in some areas: gay and bisexual men can donate blood, gay bisexual people can openly serve in the Polish Armed Forces, and transgender people can change their legal gender after meeting certain requirements. Polish law prohibits discrimination in employment on the basis of sexual orientation. However, there are no safeguards for health care, hate crimes and hate speech. In 2019, the Constitutional Tribunal ruled that the provision of the Polish Code of Petty Offenses, which prohibits refusal to receive goods and services without “just causa”, is inconsistent with the Constitution. There are no same-sex partnerships in Poland and it is not possible to adopt children. LGBT+ people are not well perceived and are the subject of mockery and jokes.

The aim of the work is therefore an attempt to analyze and compare the situation of LGBT+ people in Poland and Spain. The author raised the following research questions: has the situation of LGBT+ people in Spain changed in the period after the adoption of the Spanish Constitution in 1931 and the introduction of the new Penal Code? Has the situation of LGBT people in Poland changed in the same period and to what extent? What is the legal situation and perception of LGBT+ people in Spain and in Poland? The author also made an attempt to explain what these differences may be caused by.

The aim of the work was achieved through the study of literature since the years 1930–2021, the analysis of documents. Due to the fact that the topic is still up-to-date, in my work I used scientific articles, books, but also information provided on websites, legal acts, I used the official websites of non-governmental organizations and associations.