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Recognition of same-sex unions in Lithuania

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Lithuania does not recognise same-sex marriages or civil unions. A bill to legalise civil unions and grant same-sex couples some legal rights and benefits is pending in the Seimas. Lithuania is the only Baltic state to not recognise same-sex couples in any form. Additionally, the Constitution of Lithuania explicitly prohibits the recognition of same-sex marriages.

Civil partnerships

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Background

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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 a demonstration in Vilnius, Prime Minister Saulius Skvernelis called on the Seimas to pass a same-sex partnership law.[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.[1]

Attempts at legalization in 2021–2024

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In December 2020, MP Tomas Vytautas Raskevičius from the Freedom Party said that the government would submit a civil partnership bill to Parliament 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, an estimated 10,000 people demonstrated in Vilnius to oppose the partnership legislation.[15] On 25 May 2021, the civil partnership bill was defeated at first reading, receiving 63 votes in favour out of the 65 required. Raskevičius said the bill would be brought back to Parliament in an amended form during the autumn session.[16]

Legislation creating civil unions was drafted by a group of MPs and introduced to Parliament in May 2022. The proposal was 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 Elžbieta Latanaitė 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 declined to take an official position on the bills, but in a September 2023 interview said that efforts to allow same-sex unions were "a sign of a civilized state".[21]

26 May 2022 vote in the Seimas[22]
Party Voted for Voted against Abstained Absent (Did not vote)
 G  Homeland Union
38
7
 –
5
  Lithuanian Farmers and Greens Union –
16
1
  • Robertas Šarknickas
3
  Union of Democrats "For Lithuania"
5
8
2
1
 G  Liberals' Movement
9
1
  • Juozas Baublys
 –
3
  Social Democratic Party
7
2
1
  • Tomas Bičiūnas
2
 G  Freedom Party
11
 – – –
  Labour Party –
7
1
  • Ieva Kačinskaitė-Urbonienė
1
  • Vytautas Gapšys
  Lithuanian Regions Political Group[a] –
8
1
 –
  Independent – – –
1
Total 70 49 6 16
49.6% 34.8% 4.3% 11.3%

In September 2022, the Committee on Legal Affairs approved the civil union bill 6–1 and recommended the Seimas to pass it and reject the alternative "close connection agreement" bill.[23] The civil union bill passed its second reading on 23 May 2023 by a vote of 60–52 with 3 abstentions.[23] The legislation would establish civil unions (Lithuanian: civilinė sąjunga,[24] pronounced [tsʲɪˈvʲɪlʲɪnʲeː ˈsâːjʊŋgɐ]) 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 expressed doubts that the bill would receive a third reading before the May 2024 presidential election.[25][26] In June 2024, the Freedom Party announced it would block the government's candidate for European Commissioner until it agrees to pass the civil union bill.[27] In the last few days of the legislative session in July 2024, the parties came to an agreement on the civil union bill and placed it on the agenda for a vote on the final day of the session. Although the Social Democrats had campaigned on supporting civil unions, they announced they would boycott the final reading, meaning the bill would be unable to pass without their votes. On 25 July, the government voluntarily pulled the bill from the schedule rather than allowing it to fail,[28] which will allow the bill to be brought back by a new parliament following the October parliamentary election rather than starting the process over again.[29][30]

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.[31]

Same-sex marriage

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Background

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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.[32] 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."[b]

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.[35] 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.[36] 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.[31]

2018 European Court of Justice ruling

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Main article: Coman and Others v General Inspectorate for Immigration and Ministry of the Interior

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.[37][38][39] 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.[40][41] 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.[42][43]

Religious performance

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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.[44] 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."[45]

Public opinion

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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%.[46] The 2019 Eurobarometer found that 30% of Lithuanians thought same-sex marriage should be allowed throughout Europe, while 63% were against.[47]

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.[48]

A GLOBSEC survey conducted in March 2023 showed that 22% of Lithuanians supported same-sex marriage, while 60% were opposed.[49] 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.[50]

See also

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Notes

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  1. ^ The alliance was composed of the Electoral Action of Poles in Lithuania – Christian Families Alliance, the Lithuanian Regions Party, Freedom and Justice, the People and Justice Union, and 3 independents.
  2. ^ In Lithuanian: Santuoka sudaroma laisvu vyro ir moters sutarimu.[33][34]

References

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  1. ^ a b "Lithuanian presidential candidcates on legalising civil partnership". lrt.lt. 23 April 2019.
  2. ^ 9 MPs register bill on same-sex partnership
  3. ^ Civilinio kodekso 3.1, 3.3, 3.16, 3.140, 3.150, 3.194, 3.229, 3.230, 3.231, 3.234, 3.235 straipsnių ir III knygos III dalies ir VI skyriaus pavadinimų pakeitimo, Kodekso papildymo 3.230(1) ir 3.230(2) straipsniais, bei 3.232 ir 3.233 straipsnių pripažinimo netekusiais galios
  4. ^ PM against legalisation of same-sex partnerships
  5. ^ Lithuanian parliament committee: 'constitution no barrier to gay civil partnerships'
  6. ^ Civilinio kodekso 2.18, 2.19, 3.3, 3.16, 3.140, 3.141, 3.143, 3.146, 3.147, 3.150, 3.155 straipsnių, Kodekso Trečiosios knygos VI dalies XV skyriaus ir 5.13, 6.588, 6.590, 6.744 straipsnių pakeitimo įstatymo projektas
  7. ^ (in Lithuanian) Seime žlugo bandymas įteisinti vyro ir moters bei homoseksualų partnerystę
  8. ^ Lithuania tries, but fails to recognize same-sex couples
  9. ^ Lithuanian Peasant and Green Party Propose “Cohabitation Agreements” Instead of Partnerships
  10. ^ Seimas Approves the Proposal on “Cohabitation Agreements” as Alternative to Partnership Law
  11. ^ (in Lithuanian) Civilinio kodekso 6.589, 6.969, 6.971, 6.973, 6.978 straipsnių pakeitimo įstatymo projektas
  12. ^ (in Lithuanian) DĖL LIETUVOS RESPUBLIKOS CIVILINIO KODEKSO 6.589, 6.969, 6.971, 6.973, 6.978 STRAIPSNIŲ PAKEITIMO ĮSTATYMO PROJEKTO NR. XIIIP-750 IR LIETUVOS RESPUBLIKOS PAVELDIMO TURTO MOKESČIO ĮSTATYMO NR. IX-1239 7 STRAIPSNIO PAKEITIMO ĮSTATYMO PROJEKTO NR. XIIIP-751
  13. ^ Lithuanian Prime Minister Wants Same-Sex Partnerships Law
  14. ^ "Lithuania set to legalise gay civil partnerships next year, says LGBT+ lawmaker". Reuters. 21 December 2020.
  15. ^ Sytas, Andrius (25 May 2021). "Lithuania parliament votes against debating same-sex partnership bill". Reuters.
  16. ^ Da Silva, Chantal (26 May 2021). "Bill to allow same-sex partnerships in Lithuania falls at first hurdle". EuroNews. Retrieved 24 November 2021.
  17. ^ "Lithuanian MPs propose civil union as compromise on same-sex partnership". baltictimes.com. Retrieved 2022-05-23.
  18. ^ "Lithuania Parliament votes to consider alternative civil union and 'close relationship' laws". Jurist.org. 29 May 2022. Retrieved 23 October 2022.
  19. ^ "The Lithuanian Seimas supported the first reading of the draft law on civil unions with opportunities for LGBT people". Frontnews.eu. 26 May 2022. Retrieved 23 October 2022.
  20. ^ "Lithuanian parliament agrees to consider same-sex partnership bill". euronews.com. 27 May 2022.
  21. ^ Stankevičius, Augustas (5 September 2023). "Lithuanian president lukewarm about LGBTQ rights: let's not forget elderly and families". LRT.
  22. ^ "Civilinės sąjungos įstatymo projektas (Nr. XIVP-1694) (Balsavimo rezultatas)". lrs.lt.
  23. ^ a b "Same-sex civil union bill returns to Lithuanian parliament agenda, passes second vote". lrt.lt. 2023-05-23. Retrieved 2023-05-23.
  24. ^ "Civilinė sąjunga nugulė į stalčių? Balsų priėmimui nepakanka, o Landsbergis teigia: „Toliau eiti yra sudėtinga"". LRT (in Lithuanian). 5 December 2023.
  25. ^ "Liudvika Pociūnienė. Ar mano balsavimas iš tiesų remiasi krikščioniškomis vertybėmis?". Delfi (in Lithuanian). 27 November 2023.
  26. ^ "Autumn is last chance to pass civil union bill – Lithuania's Freedom Party chair". LRT.lt. 31 August 2023.
  27. ^ "Mažieji koalicijos partneriai tikisi aiškumo dėl eurokomisaro: primins civilinę sąjungą". LRT.lt (in Lithuanian). 26 June 2024.
  28. ^ "Atidėjus Civilinę sąjungą – kaltinimai vieni kitiems". LNK.lt (in Lithuanian). 25 July 2024.
  29. ^ Zamarytė-Sakavičienė, Kristina (24 September 2024). "Dėmesio: kas tarpuvaldžiu nori įteisinti civilinę sąjungą?". LRT.lt (in Lithuanian).
  30. ^ Broga, Karolis (13 September 2024). "Coalition may try to adopt civil union bill in autumn session – opposition MP". Delfi.en.
  31. ^ a b "Lithuanian court rejects request to register same-sex marriage". The Baltic Times. 31 July 2023.
  32. ^ "Lithuania could follow in Latvia's footsteps on banning gay marriage" The Baltic Times, December 24, 2005
  33. ^ "Constitution of the Republic of Lithuania" (PDF). wipo.int.
  34. ^ "Lietuvos Respublikos Konstitucija". lrs.lt (in Lithuanian).
  35. ^ "Three couples take Lithuania to court over failure to recognize same-sex partnerships". The Baltic Times. 11 April 2023.
  36. ^ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  37. ^ EU states must recognize foreign same-sex marriages: court, Reuters, June 5, 2018
  38. ^ Rights for same-sex married couples to move around the EU confirmed in landmark ruling, Yahoo News, June 6, 2018
  39. ^ Alina Tryfonidou (June 7, 2018). "Rights for same-sex married couples to move around the EU confirmed in landmark ruling". The Conversation.
  40. ^ "Same-sex spouses have equal residency rights". BBC News. June 6, 2018.
  41. ^ JUDGMENT OF THE COURT (Grand Chamber) 5 June 2018
  42. ^ Lithuania court hands down landmark ruling about gay couples. Pink News, 11 January 2019
  43. ^ Lithuanian Constitutional Court rules same-sex spouses be granted residence permits. Emerging Europe, 14 January 2019
  44. ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. Archived from the original on 23 December 2023. Retrieved 2023-12-23.
  45. ^ Coppen, Luke (19 December 2023). "'Fiducia supplicans': Who's saying what?". The Pillar.
  46. ^ "DISCRIMINATION IN THE EU IN 2015" (PDF). Archived from the original (PDF) on 2016-01-22. Retrieved 2018-01-06.
  47. ^ "Eurobarometer on Discrimination 2019: The social acceptance of LGBTI people in the EU". TNS. European Commission. p. 2. Retrieved 23 September 2019.
  48. ^ "Every second Lithuanian supports same-sex civil partnership". Delfi. 13 November 2022. Archived from the original on 17 November 2022.
  49. ^ "GLOBSEC Trends 2023" (PDF). GLOBSEC. 2023. p. 75.
  50. ^ "Eurobarometer 2023: Discrimination in the European Union". europa.eu. Retrieved 1 January 2024.
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