Poland does not legally recognize same-sex marriages or civil unions. In , the Supreme Court ruled that same-sex couples have limited legal rights with regard to the tenancy of a shared household.
A few laws also guarantee certain limited rights to cohabiting couples, including same-sex couples. Same-sex spouses of European Union citizens also have access to residency rights under a June ruling from the European Court of Justice.
Article 18 of the Polish Constitution , [ 1 ] adopted in , was frequently interpreted as banning same-sex marriage, [ 2 ] [ 3 ] [ 4 ] [ 5 ] [ 6 ] [ 7 ] [ 8 ] [ 9 ] [ 10 ] [ 11 ] but a court ruling states that it does not preclude its recognition. Poland that Poland was violating Article 8 of the European Convention on Human Rights by not recognizing same-sex unions, and placed a positive obligation on the government to introduce a same-sex partnership law and recognise unions legally contracted abroad.
Historical research has shown that during the time of the Second Polish Republic some couples established "marriage contracts" and lived together in joint households. While their relationship lacked formal legal status and was kept confidential, the pair entered into a de facto agreement grounded in fidelity, an expectation of enduring commitment, and a "friendship for life oath".
This oath comprised stipulations for mutual defense, support, and the safeguarding of the relationship's confidentiality. In , the Public Transport Authority of Warsaw announced it would allow the cohabiting partners of gay and lesbian employees to travel free on the city's public transport system, marking the first case of recognition of same-sex relationships in Poland.
