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Albania does not recognize same-sex marriages or civil unions. A bill to legalize same-sex marriage had been introduced to Parliament in 2009 with the support of Prime Minister Sali Berisha, but was never voted on.
Albania does not recognize civil unions (Albanian : bashkim civil, pronounced [baʃˈkimtsiˈvil] ) [lower-alpha 1] which would offer same-sex couples a subset of the rights, benefits and obligations of marriage. In June 2020, the European Commission against Racism and Intolerance noted that the absence of legal recognition for same-sex couples "could lead to various forms of discrimination and should be rectified", advising the Parliament of Albania to pass legislation recognizing same-sex partnerships. [1] Albania is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled 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. [2]
During Communist rule, cohabitation between unmarried partners was outlawed and marriage was strongly encouraged as "the legal basis of creating a family". Homosexuality and same-sex unions were outlawed in Albania until 1995, three years after the end of Communist rule. [3]
Prime Minister Sali Berisha announced in a cabinet meeting on 29 July 2009 that the Council of Ministers would push for a bill to recognise marriages between partners of the same sex. He said that the bill had already been introduced to the Parliament of Albania. [4] [5] On 5 February 2010, the Albanian Parliament passed an anti-discrimination law banning discrimination on the grounds of sexual orientation. [6] [7] Gay rights groups praised the new law but said they hoped that Berisha would eventually keep his promise on legalising same-sex marriage. [8] Igli Totozani, the People's Advocate, announced in October 2013 that he would be drafting a bill on changes to the Family Code to legalise same-sex marriage. [9] In April 2018, the new People's Advocate, Erinda Ballanca, expressed her support for same-sex marriage and pledged to support LGBT rights. [10] As of 2024, no change has happened, with LGBT activists criticising the legislative inaction. [11] Article 7 of the Family Code states that "marriage is contracted between a man and a woman who have reached the age of 18 years." [12]
The proposal to legalise same-sex marriage in 2009 was widely condemned by Albania's largest religious denominations, with spokespeople from the Muslim and Catholic communities calling it a "sham" and "unacceptable". [13] In January 2024, the Albanian Orthodox Church released a statement condemning same-sex marriages, stating that "the perpetuation of humanity had been based on two sexes and their union" and calling it "a clash with the natural order". [14]
On 19 May 2024, a lesbian couple, Alba Ahmetaj and Edlira Mara, held a marriage ceremony on the roof of the office of Mayor Erion Veliaj in Tirana. [15] The marriage was officiated by two British priests. Although it lacks legal recognition, the marriage was described in the media as the "first same-sex marriage in Albania". The couple also filed a formal application for a marriage license two days prior, saying, "Our request for a declaration of marriage symbolizes the first link in a long and difficult, but above all just, struggle. We are determined to follow the legal path and respect the procedures and institutions of our country, challenging the discriminatory content of the Family Code, to seek the recognition of our right to marry, equally with every other couple in Albania." [16] [17]
The Constitution of Albania does not explicitly forbid the recognition of same-sex marriages. Article 53 states that:
Everyone has the right to marry and have a family. Marriage and family enjoy special protection of the state. [lower-alpha 2]
In 2017, Kristi Pinderi, executive director of the organisation PRO LGBT, announced his intention to file a lawsuit seeking the recognition of same-sex unions. [19] In 2022, activist Xheni Karaj echoed plans to achieve legal recognition of same-sex relationships through the courts; "We tried this way of changing the Family Code before, but we have seen that there is no political will to move it forward, and since we see that there is no political will, we are thinking of using the path of strategic litigation. This is a path where a couple or several couples belonging to the community follow the legal path and go through all the judicial stages in Albania – and then take the case to Strasbourg, as many other countries have done before.", said Karaj. [20]
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
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) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. 22 of the 38 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.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBT rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation. Kosovo remains one of the few Muslim-majority countries that hold regular pride parades.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
Lesbian, gay, bisexual, and transgender (LGBT) people in Bermuda, a British Overseas Territory, face legal challenges not experienced by non-LGBT residents. Homosexuality is legal in Bermuda, but the territory has long held a reputation for being homophobic and intolerant. Since 2013, the Human Rights Act has prohibited discrimination on the basis of sexual orientation.
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.
Cambodia does not recognize same-sex marriage or civil unions, but does recognize a registry program known as the "declaration of family relationship" offering limited legal rights to same-sex couples. As of June 2021, the registry has been introduced to 68 communes. Same-sex marriage has received support from King Norodom Sihamoni and his late father, King Norodom Sihanouk.
Moldova does not recognize same-sex marriage or civil unions. The Constitution of Moldova defines marriage as being between "a husband and a wife".
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and 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 the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBT people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.
Lesbian, gay, bisexual, and transgender (LGBT) people in the British Overseas Territory of the Pitcairn Islands enjoy most of the same rights as non-LGBT people. Same-sex sexual activity is legal, discrimination based on sexual orientation is constitutionally outlawed and same-sex marriage has been legal since 14 May 2015.
Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.
This is a list of notable events in the history of LGBT rights that took place in the year 2020.
