New ECHR cases about discrimination against same-sex couples in Poland

The European Court of Human Rights has communicated seven new cases concerning sexual orientation discrimination in Poland. 

The cases all concern discrimination against same-sex couples that has resulted from their inability to gain legal recognition of their relationships in Poland. 

The cases, in summary, are as follows:

In Barbara Gabriela Starska v Poland, the applicant complains that she was prevented from changing her surname to that of her same-sex partner.

In Cecylia Przybyszewska and Others v Poland, five same-sex couples complain about their inability to enter into marriage or any other type of civil union recognising their relationships.

In Meszkes v Poland, the applicant complains that he and his same-sex partner had no possibility to formalise their relationship and, in consequence, after his partner's death, he had to pay 20% inheritance tax, the highest rate, applicable for inheritance outside a family. 

In Rafał Grochulski v Poland, the applicant complains of the temporary impossibility of subscribing together with his same-sex life partner to a private life insurance scheme for couples.

In Marta Agnieszka Handzlik-Rosuł and Anna Katarzyna Rosuł v Poland, the applicants complain that their same-sex marriage contracted abroad was not recognised by the Polish authorities. 

In Katarzyna Formela and Sylwia Formela v Poland, the applicants complain that the Polish legal system does not allow them to marry or otherwise recognise their relationship and, in consequence, they were discriminated against in several sets of proceedings on the grounds of their sexual orientation. Furthermore, they complain that their same-sex marriage contracted abroad has not been recognised by the Polish authorities.

In Tomasz Szypuła v Poland and Jakub Urbanik and Jose Luis Alonso Rodriguez v Poland, the applicants complain about the Polish authorities’ refusal to issue marriage eligibility certificates that would enable them to have a same-sex marriage in Spain. 

These seven cases provide the Court with the fullest opportunity to consider the exclusion of same-sex couples from marriage, the lack of an alternative form of legal recognition of same-sex relationships, and the discrimination against same-sex couples created by granting certain rights and benefits to different-sex couples in Poland.