Freemuse, the artistic freedom monitoring organization, examined 149 acts of violations
of artistic freedom against LGBTQI+ artists and art documented in 39 countries and
in online spaces in the period between January 2018 and June 2020, “varying from
those countries which criminalize homosexuality, penalize the so-called ‘promotion of
homosexuality’ or impose no legal restrictions for the engagement of LGBTQI+ artists or
promotion of queer artworks in public spaces, all of these legislative frameworks leave
room for the suppression of artistic freedoms to some degree.” 25
Obviously, the documentation only portrayed “the tip of the iceberg” as most violations
and acts of self-censorship are never recorded or documented.
The report nevertheless showed that artistic expression tackling LGBTQI+ experiences
exists in most countries, regardless of the political, legal, and social hurdles. What differs
between these varying contexts is the extent to which “artists can access audiences,
professional networks, cultural institutions, financial support and platforms to promote
their work. They are also subject to varying levels of public disapproval, rejection, threats
and violence and other forms of mistreatment.”26
The Rainbow Madonna of Elżbieta
Podleśna
In 2019, The Polish LGBTQI+ and
feminist activist Elżbieta Podleśna
was arrested in connection with
a poster of the Virgin Mary with
a halo painted in the colours of
the rainbow flag (symbolizing
the LGBTQI+ community) which
appeared in the city of Płock in late
April. The poster became known as
the Rainbow Madonna. Before the
arrest, police authorities searched
her home and confiscated a laptop,
mobile phone and memory cards.
She was detained for several
hours on allegations of “offending
religious beliefs”. Although in July
2019, a court in Płock ruled that her
detention was unjustified, the judge
still argued that it was legal.27
In March 2021 Elżbieta Podleśna
together with two other women
human rights defenders were
acquitted by the court of Plock of
the charges of “offending
religious beliefs” under article 196
of the Criminal Code of Poland.28
25
https://freemuse.org/media/ub5lbjy5/painting-the-rainbow-digital-5.pdf
26
ibid
27
ibid
28
https://www.frontlinedefenders.org/en/case/women-human-rights-defenders-acquitted-rainbow-virgin-mary-case#case-update-id-13386
26