Navigating structural legal alienation: Contextualising Polish LGBTQ+ legal consciousness

This socio-legal research contextualises the relationship between LGBTQ+ individuals in Poland and the law, focusing on how legal protections, or lack thereof, shape their everyday realities. Using a grounded theory approach based on 34 semi-structured interviews with LGBTQ+ Poles, the study expands Marc Hertogh's concept of legal alienation by introducing the notion of structural legal alienation . This new framework positions legal alienation not merely as a subjective experience, but as a condition imposed by the state. Through analysis of LGBTQ+ Polish legal consciousness, we find their experiences of structural legal alienation give rise to two pathways. The first is legal mobilisation, in which individuals continue to fight for legal recognition, motivated by a pragmatic understanding of the law's tangible impact on their everyday lives. The second involves seeking enfranchisement beyond the formal legal sphere, rooted in the belief that legal reform alone is insufficient, as the law is perceived to be deeply embedded within broader social and cultural structures. Our findings suggest that these two pathways, mobilising both within and beyond the law, are deeply interconnected, as many understood the social and cultural change to be essential for ensuring the implementation and effectiveness of any legal victories.