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Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.
In 2011, the Constitutional Court of Lithuania ruled that the family does not derive exclusively from marriage, opening the possibility for partnerships or other forms of legal recognition to be introduced to same-sex couples. [1] On 25 March 2015, nine MPs from the Social Democratic Party and the Liberal Movement introduced a civil partnership bill to the Seimas. [2] [3] Prime Minister Algirdas Butkevičius expressed his opposition to the bill. [4] On 6 May 2015, the Committee on Legal Affairs announced that they could find no constitutional barriers to same-sex civil partnerships. [5] The bill was not voted on and died at the end of the legislative session in November 2016. A similar bill was introduced by deputies from the Liberal Movement on 30 May 2017. [6] The bill was rejected at first reading in a 29–59 vote with 20 abstentions on 15 June 2017. [7] [8]
In 2017, the Lithuanian Farmers and Greens Union and the Homeland Union proposed a bill to establish "cohabitation agreements" (Lithuanian : susitarimo dėl bendro gyvenimo) as an alternative to civil partnerships. The proposed legislation would guarantee cohabitants hospital visitation rights and the right to inherit a late partner's property. Povilas Urbšys, one of the authors of the proposal, said: "Our registered project will effectively contribute to legal clarity, regulate property rights and some property unrelated relations between people living together and will also help to avoid negative consequences when the cohabitation is dissolved." [9] The proposal, which was criticised by LGBT groups, explicitly stipulated that the cohabitants entering the agreement did not intend to create family relations. The proposal was preliminarily approved by the Seimas with 46 votes for, 17 votes against and 6 abstentions on 31 May 2017 and sent to further consideration. [10] [11] On 25 October 2017, the Lithuanian Government announced its support for the bill, [12] but it stalled and was not voted on before the end of the legislative session.
On 14 February 2018, appearing at an LGBT rally in Vilnius, Prime Minister Saulius Skvernelis called on the Seimas to recognise same-sex partnerships. [13] Of the eight candidates running in the 2019 presidential election, five expressed support for registered partnerships, namely Vytenis Andriukaitis, Arvydas Juozaitis, Valentinas Mazuronis, Ingrida Šimonytė and winner Gitanas Nausėda. The other three candidates, Mindaugas Puidokas, Saulius Skvernelis and Naglis Puteikis, expressed support for limited legal rights such as inheritance and property rights, among others, while also stating their opposition to same-sex marriage. [1]
In December 2020, MP Tomas Raskevicius from the Freedom Party said that the government would submit a civil partnership bill in March 2021. The bill's introduction was a condition for creating the ruling coalition formed following the 2020 parliamentary election. [14] In May 2021, more than 10,000 people took to the streets in Vilnius to protest the partnership legislation. [15] On 25 May 2021, the civil partnership bill was defeated at first reading, receiving 63 votes in favour instead of the 65 required. Raskevicius said the bill would be brought back to Parliament in an amended form during the autumn session. [16]
A group of MPs drafted a civil union bill providing limited legal rights and benefits to registered same-sex couples, and introduced it to Parliament in May 2022. The proposal is a compromise after the more expansive civil partnership bill was defeated in 2021. [17] On 26 May 2022, the draft bill passed its first reading in the Seimas by 70 votes in favour, 49 votes against and 6 abstentions. On the same day, an alternative draft amendment to the Civil Code aiming to "regulate the recognition of a person's right to close relations" also passed its first reading, with 70 votes in favour, 23 votes against and 30 abstentions. [18] [19] Actress Elzbieta Latanaite said in response, "My feelings are mixed after the vote. On the one hand, the parliament took a step towards Europe, towards Western values. But on the other hand, there's nothing joyous that even such a restrained bill cannot pass without a big fight, with powerful homophobes hurling insults at citizens who want equal rights". [20] President Gitanas Nausėda has declined to take position on the bills, but in a September 2023 interview said that efforts to allow same-sex unions are "a sign of a civilized state". [21]
| Party | Voted for | Voted against | Abstained | Absent |
|---|---|---|---|---|
| G Homeland Union | 38
| 7
| - | 5
|
| Lithuanian Farmers and Greens Union | - | 16
| 1
| 3
|
| Union of Democrats "For Lithuania" | 5
| 8
| 2
| 1
|
| G Liberals' Movement | 9
| 1
| - | 3
|
| Social Democratic Party of Lithuania | 7
| 2
| 1
| 2
|
| G Freedom Party | 11
| - | - | - |
| Labor Party a | - | 8
| 1
| 1
|
| Lithuanian Regions Political Groupa | - | 7
| 1
| - |
| Independent | - | - | - | 1
|
| Total | 70 | 49 | 6 | 16 |
The Committee on Legal Affairs approved the civil union bill 6–1 in September 2022 and recommended the Seimas to pass it, while simultaneously rejecting the alternative "close connection agreement" bill. [23] The bill passed its second reading on 23 May 2023, 60–52 with 3 abstentions. [23] The legislation would establish civil unions (Lithuanian : civilinė sąjunga, [24] pronounced [tsʲɪˈvʲɪlʲɪnʲeːˈsâːjʊŋgɐ] ) offering some of the rights and benefits of marriage, including joint property ownership and the ability to make medical decisions for a partner, while not allowing for joint adoption. Some lawmakers have expressed doubts that the bill would receive a third reading before the May 2024 presidential election. [25] [26]
In April 2023, the Vilnius District Court rejected the request of a same-sex couple to enter into a civil partnership, ruling that Lithuania lacked a partnership law and that this was a matter for the Parliament to deal with. [27]
Same-sex marriage is not legal in Lithuania, as the Civil Code defines marriage as a "voluntary agreement between a man and a woman". Moreover, an additional article in the Civil Code explicitly bans same-sex marriages. Nevertheless, a drive to amend the Constitution of Lithuania to ban same-sex marriages was reportedly under way in December 2005 by a social conservative member of the Seimas who had started collecting signatures. [28] Julius Sabatauskas, the chairman of the Parliament's Committee on Legal Affairs, however, denounced the plan as unnecessary as "the Constitution already bans same-sex marriage". Article 38 of the Constitution states: "Marriage shall be concluded upon the free mutual consent of man and woman." [lower-alpha 1]
In April 2023, three same-sex couples filed a lawsuit challenging the government's refusal to establish civil partnerships and its refusal to recognise same-sex marriages validly performed abroad. "For a long time, it has been misinterpreted that the Lithuanian Constitution prohibits same-sex marriages, but this is a myth that we will try to dispel in court. Especially since more than half of EU member countries have already legalized same-sex marriages," said a lawyer representing the couples. [31] The couples also cited the European Court of Human Rights' January 2023 ruling in Fedotova and Others v. Russia that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships. [32] On 28 July 2023, a court in Vilnius dismissed the lawsuit, ruling that Article 38 of the Constitution "is clear and specific, and does not give rise to any presumption that it can be interpreted as conferring the right to marry irrespective of the sex of the persons concerned". The couples announced their intention to appeal the decision. [27]
On 5 June 2018, the European Court of Justice (ECJ) ruled that European Union (EU) member states must recognise the freedom of movement and residency rights of same-sex spouses, provided one partner is an EU citizen. [33] [34] [35] The court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. In addition, the court ruled that the term "spouse" is gender-neutral and does not necessarily imply a person of the opposite sex. [36] [37] On 11 January 2019, the Lithuanian Supreme Court ruled that the government must grant residency permits to the same-sex spouses of EU citizens in compliance with the ECJ ruling. [38] [39]
The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [40] Archbishop of Vilnius Gintaras Grušas released a statement on 22 December that "[t]he declaration encourages believers to realize that the Church does not seek to alienate, but to help those who seek God's help and desire to open up to Him, to better understand His plan of love and truth." [41]
According to the 2015 Eurobarometer, 24% of Lithuanians supported same-sex marriage, the fourth lowest among EU member states alongside Slovakia and significantly lower than the EU average of 61%. [42] The 2019 Eurobarometer found that 30% of Lithuanians thought same-sex marriage should be allowed throughout Europe, while 63% were against. [43]
A November 2022 opinion poll conducted by the Delfi news website showed that one in two Lithuanians supported civil unions for same-sex couples, and 70% supported civil unions for opposite-sex couples. [44]
A GLOBSEC survey conducted in March 2023 showed that 22% of Lithuanians supported same-sex marriage, while 60% were opposed. [45] The 2023 Eurobarometer found that 39% of Lithuanians thought same-sex marriage should be allowed throughout Europe (an increase of 15% compared to the 2015 Eurobarometer), while 55% were opposed. The survey also found that 42% of respondents thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 53% disagreed. [46]
Same-sex marriage has been legal in Belgium since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. King Albert II granted his assent, and the bill entered into force on 1 June. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands. "Statutory cohabitation", a form of civil union open to any two legally consenting cohabiting persons, has been available since 1 January 2000.
Romania does not allow same-sex marriage or civil unions. In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union citizens should be granted a right of residency in Romania. The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.
Poland does not legally recognize same-sex unions, either in the form of marriage or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights in regards to the tenancy of a shared household. A few laws also guarantee certain limited rights for unmarried couples, including couples of the same sex. Same-sex spouses also have access to residency rights under EU law.
Italy has recognised same-sex civil unions since 5 June 2016, providing same-sex couples with all of the legal protections enjoyed by opposite-sex married couples, excluding joint adoption rights. A bill to allow such unions, as well as gender-neutral registered partnerships, was approved by the Senate on 25 February 2016 and the Chamber of Deputies on 11 May and signed into law by the Italian President on 20 May of the same year. The law was published in the official gazette the next day and took effect on 5 June 2016. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these civil unions varied from place to place.
This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.
Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights, and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.
Latvia does not recognize same-sex marriage. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions, which was subsequently signed into law by President Edgars Rinkēvičs in January 2024. The law is scheduled to take effect on 1 July 2024.
Same-sex marriage has been legal in Estonia since 1 January 2024. The government elected in the March 2023 election, led by Prime Minister Kaja Kallas and consisting of the Reform Party, the Social Democrats and Estonia 200, vowed to legalize same-sex marriage. Legislation to open marriage to same-sex couples was introduced to the Riigikogu in May 2023, and was approved in a final reading by 55 votes to 34 on 20 June. It was signed into law by President Alar Karis on 27 June, and took effect on 1 January 2024. Estonia was the first Baltic state, the twentieth country in Europe, and the 35th in the world to legalise same-sex marriage.
Same-sex marriage has been legal in Austria since 1 January 2019. On 4 December 2017, the Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution of Austria guarantee same-sex couples the right to marry. The decision took effect on 1 January 2019, making Austria the 24th country in the world and the fifteenth in Europe to allow same-sex couples to marry nationwide. Austria has also recognised same-sex registered partnerships since 1 January 2010, providing several, but not all, of the rights, benefits, obligations and responsibilities of marriage.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. Nevertheless, same-sex couples are unable to marry or jointly adopt, and registering civil partnerships without court litigation remains impossible.
Lesbian, gay, bisexual, and transgender (LGBT) people in Lithuania face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity are legal in Lithuania, but neither civil same-sex partnership nor same-sex marriages are available, meaning that there is no legal recognition of same-sex couples.
Parliamentary elections were held in Lithuania on 10 October 2004, with a second round on 24 October 2004 in the constituencies where no candidate won a majority in the first round of voting. All 141 seats in the Seimas were up for election; 71 in single-seat constituencies elected by majority vote and the remaining 70 in a nationwide constituency based on proportional representation.
Lithuanian nationality law operates on the jus sanguinus principle, whereby persons who have a claim to Lithuanian ancestry, either through parents, grandparents, great-grandparents may claim Lithuanian nationality. Citizenship may also be granted by naturalization. Naturalization requires a residency period, an examination in the Lithuanian language, examination results demonstrating familiarity with the Lithuanian Constitution, a demonstrated means of support, and an oath of loyalty. A right of return clause was included in the 1991 constitution for persons who left Lithuania after the Soviet occupation in 1940 and their descendants. Lithuanian citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.
Slovakia does not recognise same-sex marriage or civil unions. However, there is some limited legal recognition for unregistered cohabiting same-sex couples, notably with regard to inheritance rights. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but have all been rejected.
Cyprus has recognised same-sex unions since 9 December 2015. Legislation to establish civil cohabitations was approved by the Cypriot Parliament on 26 November 2015, and took effect on 9 December upon publication in the government gazette.
Parliamentary elections are scheduled to be held in Lithuania by 13 October 2024, with a second round two weeks thereafter.
Dainius Žalimas is a Lithuanian lawyer, jurist and politician who served as the chairman of the Constitutional Court of Lithuania from 2014 to 2021. He is the candidate of the Freedom Party in the 2024 Lithuanian presidential election.
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| Same-sex marriage and civil unions prohibited by constitutional amendment | |
