By John Q. Hosedrinker 
Poland’s ranking in ILGA-Europe’s Rainbow Map has improved, rising from the lowest position in the EU to second-lowest, surpassing only Romania. This increase to 20.5% from 17.5% reflects a better “civil society space,” with fewer state obstructions of LGBT+ events and the repeal of all anti-LGBT+ resolutions by local authorities. However, significant challenges remain, including a lack of hate crime protections and legal recognition of same-sex relationships, resulting in zero scores in those categories. Despite a government bill to criminalize anti-LGBT+ hate speech passing parliament, President Duda’s referral to the constitutional court has stalled its enactment.
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Poland no longer holds the unfortunate title of the worst EU country for LGBT+ people. This marks a significant shift, the first time since 2019 that it hasn’t occupied the bottom rung of the ranking. While this is undeniably positive, it’s crucial to remember the nuances of this improvement.
Poland now sits second-to-last, a position still far from ideal, with only Romania scoring lower in ILGA-Europe’s annual Rainbow Map. This map assesses the legal, political, and social environments for LGBT+ individuals, providing a comprehensive overview of their situation within each country. Poland’s score has shown improvement, rising from 17.5% last year to 20.5% currently, a noticeable jump. However, this improvement should be viewed within the context of the extremely low base score, reflecting the ongoing challenges faced by LGBT+ individuals in Poland.
The rise in Poland’s score is linked to several factors. Notably, the “civil society space” category has seen improvement. ILGA-Europe observes that the past three years have been relatively free of state obstruction of LGBT+ events, a significant contrast to previous years where such events faced active suppression. While peaceful marches and protests have been held, the report does highlight the lack of adequate protection and police response to some isolated incidents, which underlines that significant work remains to be done.
Further contributing to this slight improvement is the repeal of anti-LGBT+ resolutions passed by numerous local authorities in 2019 and 2020. The last such resolution was revoked recently, signifying a movement away from overtly hostile local policies. This, however, doesn’t mean local attitudes have shifted entirely.
Despite these positive changes, considerable challenges persist. Poland still receives a zero score in the categories of “hate crime and hate speech” and “family.” The absence of specific legal protections for LGBT+ individuals against hate crimes, combined with the complete lack of recognition for same-sex marriage, partnerships, or adoption rights, continues to paint a bleak picture for many.
The current ruling coalition pledged to expand hate crime laws to include sexual orientation and gender identity upon taking power. While the cabinet approved this legislation and it passed through parliament, President Andrzej Duda, an ally of the conservative PiS party, sent it to the constitutional court for review, delaying its implementation. This highlights the ongoing political battle surrounding LGBT+ rights, with conservative forces still exerting significant influence.
Plans for same-sex civil partnerships have also stalled, facing opposition from more conservative factions within the ruling coalition. These obstacles demonstrate that, while Poland’s ranking has improved, a significant amount of work needs to be done before LGBT+ individuals enjoy equitable rights and protections comparable to those in other EU nations.
The movement away from the absolute bottom of the ranking offers a glimmer of hope. It suggests that progress, however incremental, is possible. However, the reality for LGBT+ people in Poland is far from ideal, and maintaining momentum for legislative change remains a vital goal. While the situation is less dire than previously, the significant score gap between Poland and other EU nations underscores the persistent need for further reform and genuine societal acceptance. The fight for LGBT+ rights in Poland is far from over, but this shift offers a reason for cautious optimism. The improvements should not be mistaken for a complete victory, but rather a step forward in a long and difficult journey towards equality.