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Montenegro has recognised same-sex unions since 15 July 2021. In July 2020, the Parliament of Montenegro passed a bill, by 42 votes to 5, to recognise life partnerships for same-sex couples offering several, but not all, of the rights and benefits of marriage. The bill was signed into law on 3 July 2020 by President Milo Đukanović and took effect on 15 July 2021.
On 13 November 2012, Deputy Prime Minister Duško Marković said that the Government of Montenegro would prepare a bill granting some form of legal recognition to same-sex couples. [1] The Human and Minority Rights Ministry drafted a bill to legalise registered partnerships, which would confer some of the rights, benefits and responsibilities of marriage but would not include adoption or fostering rights. The Serbian Orthodox Church and the Democratic Front expressed opposition to the proposal, claiming it would "wreck Christian values and family life in Montenegro". [2] On 27 December 2018, the government gave its support to the draft bill. If enacted, it would have taken effect one year later. [3] [4] [5] The bill was lodged in the Parliament on 24 January 2019, [6] and on 27 February it was backed by the parliamentary committee on human rights. [7] [8] However, on 31 July 2019, the bill was blocked by parliamentarians, led by the Democratic Front, in a 38–4 vote with 39 abstentions. The necessary majority of 41 votes was not achieved. [9] The Democratic Party of Socialists, the Social Democrats and the Liberal Party supported the measure. [10]
On 12 December 2019, the government approved a second, similar draft. [11] [12] [13] It was introduced to the Parliament on 14 January 2020. [14] On 18 June 2020, the bill was backed by the parliamentary committee on human rights, [15] and on 1 July 2020 it was approved by the Parliament in a 42–5 vote. The bill was supported by the Democratic Party of Socialists, the Social Democrats, the Social Democratic Party (except for one deputy), the Liberal Party and one deputy from DEMOS. [16] [17] [18] [19] It was opposed by the opposition (which abstained), as well as three parties representing ethnic minority communities (Croats, Bosniaks, and Albanians). [19] The bill was signed into law on 3 July by President Milo Đukanović, and was published on 7 July 2020 in the Official Gazette of Montenegro. It entered into force on 15 July and became applicable on 15 July 2021. [20] [21] However, a deadlock in Parliament following Justice Minister Vladimir Leposavić's dismissal from office on 17 June 2021, as well as a lack of adequate documentation by local registrars, caused a delay for same-sex couples to register. [22] [23] The first partnership was conducted in the town of Budva between two women on 25 July 2021. Minister of Public Administration Tamara Srzentić congratulated the couple. [24]
| Party | Votes for | Votes against | Abstained or Absent (Did not vote) |
|---|---|---|---|
| Democratic Party of Socialists (DPS) | 35
| - | - |
| Democratic Front (DF) | - | - | 18
|
| Democratic Montenegro (DCG) | - | - | 8
|
| For the Benefit of All (DSI) | - | - | 6
|
| Social Democratic Party (SDP) | 1
| - | |
| Social Democrats (SD) | 2
| - | - |
| DEMOS | 1
| - | |
| Bosniak Party (BS) | - | 2
| - |
| Croatian Civic Initiative (HGI) | - | 1
| - |
| Liberal Party (LP) | - | - | |
| New Democratic Force (Forca) | - | 1
| - |
| United Reform Action (URA) | - | - | |
| Total | 42 | 5 | 34 |
Prime Minister Duško Marković welcomed the law's passage, tweeting that it was "a great step in the right direction for Montenegrin society, its democratic maturity and integration processes. Equality and same rights for all are the cornerstone of human and European values. I want to thank the LGBTIQ community for dialogue and contribution. There can be no room for discrimination based on sexual orientation in a European Montenegro." The legislation established life partnerships (Montenegrin : životno partnerstvo, pronounced [ʒǐvotnopârtnerstvo] ) [lower-alpha 1] for same-sex couples, guaranteeing many legal rights and obligations, including inheritance, guardianship, property ownership, hospital and prison visits, and protections from domestic violence, among others. [26] While it does not recognize full adoption rights, the law allows a person in a life partnership to make decisions concerning their partner's biological children in emergency situations, and grants life partners the same rights as married couples with regard to disputes over the protection of their children's rights.
In June 2022, an LGBT advocacy group, LGBT Forum Progress, filed a lawsuit in Podgorica challenging the government's refusal to recognise same-sex partnerships performed abroad. [27]
Between July 2021 and July 2022, 22 same-sex life partnerships were performed in Montenegro, a majority being between Russian citizens. 18 of these partnerships were registered in the town of Budva. [28]
The Constitution of Montenegro was ratified in 2007, one year after independence. Article 71 of the Constitution reads as follows: "Marriage may be entered into only on the basis of a free consent of a woman and a man. Marriage shall be based on equality of spouses." [29] The wording has been interpreted as banning same-sex marriage. [30]
The national flag of Montenegro has a red field with gold border and the coat of arms of Montenegro in its center. It was officially adopted on 13 July 2004, when the then Republic of Montenegro was a constituent of the State Union of Serbia and Montenegro, and its precise specification was standardized on 16 September 2004. The flag was retained after Montenegrin independence from Serbia in 2006, and mandated by Article 4 of the Constitution of Montenegro adopted in 2007.
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Croatia recognizes life partnerships for same-sex couples through the Life Partnership Act, making same-sex couples equal to married couples in almost all of its aspects. The Act also recognizes and defines unregistered same-sex relationships as informal life partners, thus making them equal to registered life partnerships after they have been cohabiting for a minimum of 3 years. Croatia first recognized same-sex couples in 2003 through a law on unregistered same-sex unions, which was later replaced by the Life Partnership Act. The Croatian Parliament passed the new law on 15 July 2014, taking effect in two stages. Following a 2013 referendum, the Constitution of Croatia has limited marriage to opposite-sex couples.
The Czech Republic has offered registered partnerships for same-sex couples since 1 July 2006. Registered partnerships grant several of the rights of marriage, including inheritance, the right to declare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege, and alimony rights, but do not allow joint adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006. The country also grants unregistered cohabitation status to "persons living in a common household" that gives couples inheritance and succession rights in housing.
Same-sex marriage has been legal in Slovenia since 9 July 2022 in accordance with a ruling from the Constitutional Court of Slovenia. The court ruled that the ban on same-sex marriages violated the Constitution of Slovenia and gave the Parliament six months to amend the law to align with the ruling, although the decision took effect immediately after publication. The National Assembly passed legislation to align with the court ruling on 4 October 2022, which was vetoed by the National Council one week later, but the veto was then overridden by the National Assembly on 18 October 2022.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Croatia have expanded since the turn of the 21st century, especially in the 2010s and 2020s. However, LGBT people still face some legal challenges not experienced by non-LGBT residents. The status of same-sex relationships was first formally recognized in 2003 under a law dealing with unregistered cohabitations. As a result of a 2013 referendum, the Constitution of Croatia defines marriage solely as a union between a woman and man, effectively prohibiting same-sex marriage. Since the introduction of the Life Partnership Act in 2014, same-sex couples have effectively enjoyed rights equal to heterosexual married couples in almost all of its aspects, except adoption. In 2022, a final court judgement allowed same-sex adoption under the same conditions as for mixed-sex couples. Same-sex couples in Croatia can also apply for foster care since 2020. Croatian law forbids all discrimination on the grounds of sexual orientation, gender identity, and gender expression in all civil and state matters; any such identity is considered a private matter, and such information gathering for any purpose is forbidden as well.
Lesbian, gay, bisexual, and transgender (LGBT) people in Slovakia face a multitude of legal and social challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Serbia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Nebojša Medojević is a politician in Montenegro. He is the president of Movement for Changes (PzP), a political party emerging from the Montenegrin NGO Group for Changes. He ran for president in the 2008 presidential election of Montenegro.
Lesbian, gay, bisexual, and transgender (LGBT) people in Montenegro face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Slovenia have significantly evolved over time, and are considered among the most advanced of the former communist countries. Slovenia was the first post-communist country to have legalised same-sex marriage, and anti-discrimination laws regarding sexual orientation and gender identity have existed nationwide since 2016.
Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. 21 of the 37 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of more limited recognition for same-sex couples.
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.
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.
Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.
LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have different laws when it comes to any greater protection, same-sex civil union, same-sex marriage, and adoption by same-sex couples.
In late December 2019, a wave of protests started against the controversial, newly adopted "Law on Freedom of Religion or Belief and the Legal Status of Religious Communities" which effectively transferred ownership of church buildings and estates built before 1918 from the Serbian Orthodox Church in Montenegro to the Montenegrin state. The Serbian Orthodox Church in Montenegro, which owned 66 mainly medieval monasteries, dozens of churches and other real estate there, insisted the state wanted to impound its assets, while Pro-Western Montenegro's president Milo Đukanović, accused the Serbian church of promoting pro-Serb policies that are aimed at "undermining Montenegrin statehood".
The Popular Movement of Montenegro, commonly known as simply Popular Movement, is a conservative regionalist political party in Montenegro, formed in February 2021 from the political alliance of the same name. The alliance, which was formed back in May 2020 prior to the August parliamentary election, ran within the common opposition "For the Future of Montenegro" list. The party also seeks to represent Serb ethnic interests. Party founder and current leader is Montenegrin-Serbian businessman Miodrag "Daka" Davidović, who is known as a great benefactor of the Serbian Orthodox Church and a longtime financier of the Montenegrin opposition during the a thirty-year long DPS-led regime in Montenegro. NP has no seats in the national parliament and is yet to contest the elections, its currently operating regionally within the country's second-largest municipality of Nikšić and its surrounding areas.
Montenegro Pride is the national LGBTIQ pride march in the city of Podgorica, the capital of Montenegro, which first took place for the first time in 2013. Since then Montenegro Pride has become an annual event. It is self-identified as an LGBTIQ pride rally.
The Citizens' Union "Civis", commonly known as simply as Civis, is a minor liberal and pro-European political party in Montenegro formed in 2020 from the non-governmental organization of the same name. Its founder and current leader is Srđan Pavićević, a surgeon and civic activist, who is also serving as the party's single representative in the Parliament of Montenegro, elected from the list of United Reform Action at the August 2020 parliamentary election.
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