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EN
Covert, implicit discrimination of lesbians takes place on different levels. The first is the very negation that lesbians exist. Next, it is believed that there are so few of them that it is a waste of time to take notice of them. In another one, it is accepted that there are lesbians in Poland but they are not discriminated against in any way. Yet another discrimination strategy assigns all negative stereotypes to lesbians. If a lesbian is noticed, she might be considered to be an ill person and as such should be subject to treatment. However, the invisibility of lesbians includes also medicine, psychiatry and psychology. While male homosexuality and its origins have been widely discussed and theorized, lesbianism has been often disregarded. Still, lesbians, as all people, regardless of sex, age, socio-economic status, level of education or their psychosexual orientation, come across crisis situations and should have a possibility to consult a specialist. Unfortunately, with a very few exceptions, Polish counselors' knowledge about psychosexual orientation, sex and sex-related social roles is very much out of date. A lesbian seeking psychological advice in Poland must be aware that she will be considered mentally ill and will be persuaded that she should undergo treatment to heal her sexuality. A psychologist will see her psychosexual orientation, rather than the attitude of the homophobic society, as the core reason of her problems. The authoress intends to show how lesbians could or should be approached by therapists and to present necessary conditions a successful specialist helping gay men and women should fulfill.
EN
The paper is based on the analysis of 60 formalized interviews with participants of the course From Sex to Gender, from Gender to Quire conducted by the author in the Kyiv-Mohyla Academy in May, 2011. One third of the questioned had the experience of heterosexual relations, the other one third had predominately homosexual relations, though 80% of them had the experience of heterosexual relations as well. The research is focused on the problem of confidential relations formed between hetero- and homosexuals and their nearest and dearest. It follows from the data obtained that parents and other members of the family are not the nearest confidents either for hetero- or for homosexuals. But while the former in the course of time go through the process of “reunification” with parents and confide to them (minimum to mother), the latter do not: most homo- and bisexuals do not make coming out before their parents, hence the latter have a rather approximate idea about life of their children, things important for them and what are they anxious about. In other words the process of estrangement of young men-homosexuals and girls-lesbians from their parents, which is normal in juvenile age, is not temporary, but at least long-term one.
EN
This article is an attempt to show how Polish emancipation gay and lesbian movement evolves and how it affects the queer theory, which is being run within the humanities. The dramatic struggle held to make the Parade of Tolerance in June 2005 legal has stimulated once again a debate over the existence of queer people in Poland. This article also argues that ambiguous state of the movement raises a need of more social attitude to the issue. However, the discourse of antigay, homophobic rhetoric opposes any social initiatives in this matter. The author presents the wide scope of gay publications and argues with the constructivist approach of Jacek Kochanowski. Instead he offers a moderate essential attitude, called oscillating gay identity.
EN
The preceding paper (PO 2014, No. 2) presented the historical background of the idea of the legal limitation of the proxy on the ground of sex, as well as contrary opinions in the Czechoslovak legal doctrine until the late 1980s. This subsequent paper gives more detailed analysis of the remarkable legal changes during the 1990s and during the first decade of our century. The partisans of the limitation succeeded in creating of the first legal limitation of the proxy on the ground of sex in Europe as they got their agenda into the new Slovak Civil Registry Act (1994). The Czech partisans followed them in 2001, as they were able to influence the changes of the Family Act. Finally, the new Slovak Family Act adopted – in a rather questionably changed shape – the limitation of the proxy into its marriage law. The intensive language mutuality between both countries as well as many personal ties led to various interactions and similarities in strategies (wording, omissions of grounds in the obligatory report) as well as in the doctrine (especially commentaries). The paper criticises the limitation of the proxy on the grounds of sex: it argues that this limitation has no legal function at all. Its real purpose is legal symbolism: a kind of publicly made delimitation between festive, solemn and worthy on one hand and perverted, ridiculous, odd and unworthy on the other. This legal solution is quite unique in Europe; nowadays, new Czech Civil code is leaving the limitation of the proxy on the ground of sex while Slovak Family Act retains it.
EN
The uncanny object for decades – legal opinions saying that the marriage proxy shall be of the same sex as his principal, seems to be one of the most neglected issues of Czech and Slovak family law. The idea that the proxy shall be of the same sex as his principal has no older tradition, especially not in Catholic Canon law, where marriages by proxy are enabled without any limitations on the ground of sex. With the two marginal exceptions, none of more than 25 occidental countries enabling the marriage by proxy knows any limitations of the proxy based on his sex. The paper analyses sources of this idea, which emerged in Czechoslovak legal doctrine during the early 1950s: this was influenced by the legal doctrine of the Nazi Germany (demand of limitation of the proxy on the ground of sex posed uncompromisingly by Deuchler) as well as by the older doubts expressed by the Austrian scholar Lenhoff, and of course, also by the international wave of homophobic panic between 1930s and 1950s. Although having any support in the positive law (Act on Family Law, 1949 nor Family Act, 1963) and despite of (mostly restrained) dissaproval of the majority of legal doctrine, the idea of limitation of the proxy on the ground of sex led its own life, being persistently proclaimed by its few partisans (Petrželka, Štěpina, Planková) and waiting for its political possibility to be adopted into the positive law.
EN
The uncanny object for decades – legal opinions saying that the marriage proxy shall be of the same sex as his principal, seems to be one of the most neglected issues of Czech and Slovak family law. The idea that the proxy shall be of the same sex as his principal has no older tradition, especially not in Catholic Canon law, where marriages by proxy are enabled without any limitations on the ground of sex. With the two marginal exceptions, none of more than 25 occidental countries enabling the marriage by proxy knows any limitations of the proxy based on his sex. The paper analyses sources of this idea, which emerged in Czechoslovak legal doctrine during the early 1950s: this was influenced by the legal doctrine of the Nazi Germany (demand of limitation of the proxy on the ground of sex posed uncompromisingly by Deuchler) as well as by the older doubts expressed by the Austrian scholar Lenhoff, and of course, also by the international wave of homophobic panic between 1930s and 1950s. Although having any support in the positive law (Act on Family Law, 1949 nor Family Act, 1963) and despite of (mostly restrained) dissaproval of the majority of legal doctrine, the idea of limitation of the proxy on the ground of sex led its own life, being persistently proclaimed by its few partisans (Petrželka, Štěpina, Planková) and waiting for its political possibility to be adopted into the positive law.
EN
The first part of the article describes the events in 2004 connected with the organization of the festival 'Culture for Tolerance' and negative reaction of many people towards it. The material used consisted of and interviews with organizers, participant observation, video recording press relations. The second part describes positions of experiences of the main actors of events: Campaign Against Homophobia; Institute of Sociology of the Jagiellonian University; Piotr Skarga Association of Christian Culture; All-Poland Youth; football fans of two Cracovian clubs; Roman-Catholic Church; the state; mass media. The final part contains in the analysis of the events within several different theoretical contexts: the concepts of homosexuality, gender, nationalism and globalization. Concluding remarks elaborate on the character of Polish civil society which is still a holistic ethical monolith rather than a liberal arena for discussion. The gay and lesbian movement is the most spectacular force that tries to change the situation.
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