Estonia celebrates marriage equality milestone, while Poland lags behind in LGBT rights

Same-sex marriage became legal in Estonia on New Year's Eve. Thanks to the introduction of marriage equality, same-sex couples can, among other things, adopt children together.

On New Year's Day, same-sex marriage became legal in Estonia. The law entered into force pursuant to an act adopted by the Estonian Parliament on June 20, 2023. Minister of Social Affairs Signe Riisalo noted that the new regulations end years of legal confusion and provide a sense of security and equal rights to all residents of Estonia.

"I am proud of my country. We are building a society in which the rights of every individual are respected and people can love whomever they want"
wrote Estonian Prime Minister Kaja Kallas on the X platform, commenting on the parliament's June decision.

Same-sex couples have been able to register civil partnerships for several years now, and a change in the law also allows them to marry.

Same-sex couples gained the right to jointly adopt children

Under Estonian law, married couples and civil partnerships have rights and obligations mainly relating to benefits, property, housing and inheritance. Thanks to marriage equality, same-sex couples additionally gained, among others: the right to joint adoption of children.

Estonia became the second country in Central and Eastern Europe, after Slovenia, and the first post-Soviet country to allow same-sex marriage. In Europe, such a union is currently also possible in Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom.

Poland is the last in the European Union

For the fourth time, Poland took last place among the European Union countries in the pan-European ranking examining the level of equality of LGBT people in 2023 year. Across Europe, only seven countries achieved a worse result, including: Belarus, Russia, Türkiye and Azerbaijan. The so-called the rainbow ranking does not measure society's attitudes and level of acceptance towards LGBT people, but is based on a rigorous analysis of national legislation and law enforcement practice.

In this year's ILGA-Europe ranking, an international ranking measuring the level of equality of LGBT people in European countries, Poland took last place in the European Union and 42nd position out of 49 in the whole of Europe with only 15 points. Only seven countries scored lower: San Marino, Belarus, Monaco, Russia, Armenia, Turkey, and Azerbaijan.

The ILGA Europe ranking has been published since 2009. It does not measure society's attitudes and level of acceptance towards LGBT people, but is based on a rigorous analysis of national legislation and law enforcement practice. The ranking covers seven categories: equality and prohibition of discrimination, family, hate crimes and hate speech, gender reconciliation and bodily integrity, civil liberties (i.e. freedom of assembly, association, and expression), bodily integrity of intersex people, and the right to asylum.

“We don't want to be in the homophobic tail of Europe any longer”

Unfortunately, the ranking results come as no surprise. Over the last 12 months, the Polish parliament and government have failed to introduce any legal changes in favor of the LGBT community. Polish legislation continues to discriminate against LGBT individuals, with those in same-sex relationships being considered aliens under the law. Moreover, Poland does not ensure basic safety for children from rainbow families. Annamaria Linczowska from KPH comments, "Poland, as a member of the Council of Europe and the EU, is obligated to comply with EU law, the European Convention on Human Rights, and to implement judgments from the CJEU and the ECtHR, which we are still awaiting".

“Justyna Nakielska from KPH reflects on the ranking results, emphasizing that Polish society desires to be an integral part of the European Union, not just as an economic community but also as a community of shared values. The aspiration is to no longer be at the homophobic tail of Europe. Poles seek a democratic Poland — one that is equal and safe for everyone. Politicians participating in the elections should take note of this sentiment”
she concludes.