The paper demonstrates that in Poland, a democratic state law emphasizing the rule of law and equality under the law, we are dealing with the phenomenon of social (through legal) exclusion of transgender citizens. The scope of legal exclusion is completely contained in the field of social exclusion. Law in this context is defined as a specific tool for preventing participation in social life and the performance of social roles. In Polish law, the issue of normative gender discrepancies with the actual biological sex or mental gender - defined in the project as gender identity - has never been explicitly regulated. In view of the requests addressed to the courts by transgender and intersex people to establish their normative gender, with these problems the court judicature must have faced, referring to applied under the Act on Civil Status, procedures for rectification of an act of civil status. The paper presents the draft Act on Gender Recognition vetoed by the President of the Republic of Poland and controversy associated with this fact. In addition, the consequences of the current legal status of transgender people in Poland such as chronic and humiliating courts’ proceedings and a limited access to health care system, have been identified. It attempts to demonstrate the indispensability of legislation in the field of gender recognition for the dignified, equitable social functioning of people with mental and biological gender incompatibility.
