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A referendum on banning same-sex marriage was held in Slovakia on 7 February 2015. [1] [2] Critics claimed the referendum was pushed by religious and conservative organisations, [3] aiming to block gay couples from gaining more rights. [4]
The referendum was not valid as the turnout did not reach the required threshold of 50%, with only 21.4% of citizens casting a vote. [5]
In June 2014, the Slovakia National Council amended the country's constitution to specifically deny same-sex couples the legal protections associated with marriage. [6] [7]
The referendum was initiated after the conservative church backed group Alliance for Family gathered 400,000 signatures calling for a vote on the law. [1] [8] The Conference of Slovak Bishops, which organises anti-abortion and anti-euthanasia rallies overwhelmingly supported the move. [8] [9]
Voters were asked questions on three issues: [10]
A fourth question on registered partners was rejected by the Constitutional Court. [1]
In order for the proposal to be approved, voter turnout needed to be at least 50%. [1]
Supporters of the referendum campaigned predominantly in churches, [12] with the Conference of Slovak Bishops raising funds for the campaign. [13] 62% of Slovaks identify as Catholics, and although less than 40 percent of those attend mass regularly, Reuters describes Slovakia as "one of the most religious countries in Europe on the surface". [4]
The vote, which cost more than €6.3 million to run, led to conservative groups spending around €110,000 on advertisements. [14] The Christian conservative activism platform CitizenGo, run by Brian S. Brown, the American founder of the National Organization for Marriage, supported the referendum. [15]
Slovakia's LGBT groups, which are smaller and less organised than their opponents, encouraged people not to vote at all, for fear that "no" voters might push turnout over 50%. [11] [16] [17]
Former Slovak Prime Minister Iveta Radičová said that if the referendum passes, "It will not improve the standing of families and marriages; and there won’t be any more children, either." [18] She criticised the referendum as being pushed by people "want to cover up the real problems" in Slovakia, like "balancing of work responsibilities with childcare, unemployment," financial insecurity and domestic violence. Radičová described the movement as motivated by "the fear of the new, the unknown, and the other" and condemned opposition to sex education, pointing out that it is proven to reduce sexually transmitted diseases, unwanted pregnancies, and delay sexual experimentation.
The libertarian party Freedom and Solidarity criticised the referendum, [8] as did the EU parliament's Socialists and Democrats. [3]
Boris Dittrich criticised the involvement of American Evangelical donors like Alliance Defending Freedom in determining the social agenda in Eastern European democracies, when they had lost on same-sex marriage in America. [19] Amnesty International has condemned the country's discrimination against LGBT people [20] [21] [22] and the international media, including The Economist, critiqued the political process in the country. [23] Gay rights groups criticised the referendum, saying "unemployment, social problems and alcoholism" would not be solved by a vote to ban gay marriages or adoptions. [8] International critics criticised the ruling social democratic party for pandering to populist religious homophobia, and critiqued the ballot as a waste of millions of euros, [24] and a distraction from Slovakia's economic woes, [25] and "genuine problems of Slovak public policy." [26]
Pope Francis supported the referendum, blessing the opponents of gay rights, stating “I greet the pilgrims from Slovakia and, through them, I wish to express my appreciation to the entire Slovak church, encouraging everyone to continue their efforts in defense of the family, the vital cell of society.” [27] [28] [29]
A group of theologians issued a position paper claiming that the referendum is touching on ethical questions and those should be solved by discussion rather than by voting. The authors of the position Ondrej Prostredník, František Ábel and Igor Kišš, all from the Lutheran Theological Faculty of Comenius University in Bratislava also claimed that several times in history the way of shortcuts and authoritarian decisions in favor of Christian values proved to be bad and damaged the very cause of Christ’s Gospel. They also criticized the referendum as an immoral attempt to shift the responsibility for the crisis of family values in the Slovak society to homosexuals. The position paper as joined by 48 theologians and intellectuals from different churches and sectors of the society. [30]
Another EU nation, Croatia, banned same-sex marriages in a constitutional referendum on 1 December 2013. Turnout in Croatia was also less than 50%, but its constitution does not invalidate a referendum based on turnout.
A Eurobarometer poll on in 2006 found that 19% of Slovaks supported same-sex marriage and 81% opposed, while 12% supported and 84% opposed LGBT adoption. [31] A European Social Survey in 2010 found that 42% of Slovaks believe that “gay men and lesbians should be free to live their own lives as they wish.” [32]
Polls suggested that only 35% of the population intended to vote in the referendum, with 85% of respondents supporting the first motion banning same-sex marriage, 78% supporting a ban on LGBT adoption, and 70% supporting the third question on sex education. [33] Opposition towards the referendum questions was higher amongst students, single people, those under 35, supporters of the libertarian party Freedom and Solidarity, those with openly gay family members or colleagues, people who live in more progressive town environments, and atheists and people with weaker religious beliefs.
The referendum was deemed invalid due to low turnout, with just 21.4% of eligible voters casting votes, [34] far short of the 50% required for the results to be legally binding.
Question | For | Against | Invalid/ blank | Total | Registered voters | Turnout | ||
---|---|---|---|---|---|---|---|---|
Votes | % | Votes | % | |||||
Question 1 – marriage ban | 892,719 | 94.50 | 39,088 | 4.13 | 12,867 | 944,674 | 4,411,529 | 21.41% |
Question 2 – adoption ban | 873,224 | 92.43 | 52,389 | 5.54 | 19,061 | |||
Question 3 – sex education choice | 853,241 | 90.32 | 69,349 | 7.34 | 22,084 | |||
Source: Statistical Office of the Slovak Republic |
Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.
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.
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Slovakia face significant challenges not experienced by non-LGBTQ residents. The status of LGBT rights in Slovakia are regarded as some of the worst among the European Union countries.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Czech Republic are granted some protections, but may still face legal difficulties not experienced by non-LGBT residents. In 2006, the country legalized registered partnerships for same-sex couples, and a bill legalizing same-sex marriage was being considered by the Parliament of the Czech Republic before its dissolution for the 2021 Czech legislative election, when it died in the committee stage.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland are regarded as some of the most progressive in Europe and the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation. Article 41 of the Constitution of Ireland explicitly protects the right to marriage irrespective of sex.
Community Action Against Homophobia (CAAH) is a community activist organisation founded in 1999. It is based in Sydney, Australia and aimed to eliminate homophobia and promote equality for queer people.
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 in Switzerland are some of the most progressive by world standards. Social attitudes and the legal situation have liberalised at an increasing pace since the 1940s, in parallel to the situation in Europe and the Western world more generally. Legislation providing for same-sex marriage, same-sex adoption, and IVF access was accepted by 64% of voters in a referendum on 26 September 2021, and entered into force on 1 July 2022.
Lesbian, gay, bisexual, and transgender (LGBTQ) 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 recognition for same-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Northern Ireland enjoy most of the same rights as non-LGBT people. However, the advancement of LGBT rights has traditionally been slower than the rest of the United Kingdom, with the region having lagged behind England, Scotland, and Wales. Northern Ireland was the last part of the United Kingdom where same-sex sexual activity was decriminalised, the last to implement a blood donation “monogamous no waiting period” policy system for men who have sex with men and, after intervention by the Parliament of the United Kingdom, the last to allow same-sex marriage. Compared to the neighbouring Republic of Ireland, all major LGBT rights milestones had been reached earlier in Northern Ireland, with the exception of same-sex marriage. Homosexuality was decriminalised in Northern Ireland a decade earlier and civil partnerships were introduced six years earlier.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the U.S. state of Michigan enjoy the same rights as non-LGBTQ people. Michigan in June 2024 was ranked "the most welcoming U.S. state for LGBT individuals". Same-sex sexual activity is legal in Michigan under the U.S. Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage was legalised in accordance with 2015's Obergefell v. Hodges decision. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023. In 2024, Michigan repealed “the last ban on commercial surrogacy within the US” - for individuals and couples and reformed the parentage laws, that acknowledges same sex couples and their families with children.
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 all have been rejected.
A civil rights referendum or human rights referendum is any act of direct democracy which allows for a vote on the granting or amendment of current civil rights, liberties or associations as recognized by a government. Such referendums have frequently been proposed as a means by which the majority of the voting public in a polity, rather than the judicial or legislative chambers of government, could determine what the state should recognize or carry out, while such referendums have been strongly criticized by civil rights organizations and professional bodies as means by which the majority of the public could vote on the rights of a vulnerable minority according to contemporary prejudices.
Lesbian, gay, bisexual, and transgender (LGBTQ) 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, LGBTQ 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.
A referendum on a bill legalising same-sex marriage was held in Slovenia on 20 December 2015. The bill was rejected, as a majority of voters voted against and the votes against were more than 20% of registered voters.
A referendum took place in Romania on 6 and 7 October 2018 regarding the definition of the family in the Romanian Constitution. The referendum asked voters whether or not they approve a change to the family's definition as provided by Article 48 of the Constitution, to prohibit same-sex marriage. At the same time, a name referendum was held in the Olt County for renaming it to "Olt-Romanați County".
The Catholic Church has intervened in political discourses to enact legislative and constitutional provisions establishing marriage as the union of a man and a woman, resisting efforts by civil governments to establish either civil unions or same-sex marriage.
A referendum was held in Hungary on 3 April 2022, coinciding with the parliamentary elections. While the overwhelming majority of valid votes were cast as "no" to the four referendum questions, the share of valid votes was below the 50% required for the result to be considered valid.