Abstract

The article attempts to describe the discrepancy between the legal and actual status of samesex  relationships and to perform the analysis of the reasons for the lack of an institutionalform of the marriage of same-sex relationships. Particular analysis has been given to the article 18 of the Constitution of the Republic of Poland, often given in the discourse, by specifying its interpretative options and a description of legislative work on its final shape. The author, referring to the communication concept of law as a creative dialogue, draw sattention to the importance of clearing the discourse on ideological issues, and basing it on the rationale of the achievements of empirical sciences (sociology, psychology, medicine).The legislator, while staying in the dialogue with the public, should be his watchful observer,so as the law would be a useful and non-harmful instrument for citizens in their dailyfunctioning, being a source of potential rapprochement, not isolation. Society, including the institution of marriage, is not a static entity, but is constantly changing. Therefore, the wayin which the legislator responds to the changes and what guidelines the Polish Constitution gives him in this regard should be considered.