LGBTQ rights in Slovenia

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LGBTQ rights in Slovenia
EU-Slovenia.svg
Status Male legal since 1977, female legal since 1951
Military LGBT people allowed to openly serve
Discrimination protections Sexual orientation, gender identity and gender expression protections
Family rights
Recognition of relationships Registered same-sex partnership between 2006 and 2022
Same-sex marriage since 2022
Adoption Full adoption rights since 2022

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Slovenia have significantly evolved over time, and are considered among the most advanced of the former communist countries. [1] [2] 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. [3]

LGBT history in Slovenia

Under the Penal Code of 30 June 1959, male homosexual acts were illegal in all of (now former) Yugoslavia. During the first half of the 1970s, the power over penal legislation was devolved from the Federal Republic to the eight states and provinces. A new penal code that decriminalised homosexual intercourse was passed in 1976, and came into force in 1977. All discriminatory provisions were removed. There were no references to lesbian relationships in the old legislation.

Legality of same-sex sexual activity

Same-sex sexual activity has been legal since 1977, and age of consent is 15 years regardless of gender and sexual orientation.

Recognition of same-sex relationships

Registered partnership for same-sex couples has been legal since 23 July 2006, with limited inheritance, social security and next-of-kin rights. [4]

In July 2009, the Constitutional Court held that Article 22 of the Registration of Same Sex Partnerships Act (RSSPA) violated the right to non-discrimination under Article 14 of the Constitution on the ground of sexual orientation, and required that the legislature remedy the established inconsistency within six months. [5] [6]

On 3 March 2015, the Assembly passed the bill to legalize same-sex marriage in a 51–28 vote. [7] On 10 March 2015, the National Council rejected a motion to require the Assembly to vote on the bill again, in a 14–23 vote. [8] Opponents of the bill launched a petition for a referendum. The petitioners have gained more than enough signatures for a referendum. On 22 October 2015, in a 5–4 vote, the Constitutional Court ruled the National Assembly could not interpret the constitution and that the vote to block the referendum was illegal. [9] Slovenian Catholic groups, and Pope Francis urged people to vote against the same-sex marriage bill. [10] [11] The referendum took place on 20 December 2015 and the bill was rejected. [12]

On 21 April 2016, the Assembly approved the bill to give same-sex partnerships all rights of marriage, except joint adoption and in vitro fertilisation. [13] A petition for a referendum was launched, but the president of the Assembly did not allow the referendum. He said that it was an abuse of the referendum law. The law took effect on 24 May 2016 and it became operational on 24 February 2017 without changes in marriage (only civil partnership). [14] [15] [16] [17]

On 16 June 2022, the Constitutional Court of Slovenia voted in a court decision that the statutory definition of marriage as a living community of a husband and a wife is unconstitutional, thus legalising same-sex marriage. The court decision was published on 8 July 2022 [18] and came into force a day later, on 9 July. The National Assembly passed the act implementing the decision on 4 October 2022 in a 48–29 vote. [19] On 11 October, the act was vetoed by the National Council, [20] but it was reconfirmed by the National Assembly in a 51–24 vote on 18 October. [21]

A new law legalizing same-sex marriage and allowing same-sex couples to jointly adopt children in Slovenia, came into effect on January 31, 2023. The ability to enter into registered same-sex partnerships has been closed off since the new same-sex marriage law took effect. [22]

Discrimination protections

Since 2003, discrimination on basis of sexual orientation in workplaces has been banned. The same goes for employment seekers. Discrimination on the basis of sexual orientation is also banned in a variety of other fields, including education, housing and the provision of goods and services. The anti-discrimination laws however, are vague and open to interpretation and thus, very rarely enforced. [23] In July 2009, the Constitutional Court held that Article 14(1) of the Slovenian Constitution bans discrimination based on sexual orientation. [5] [6]

On 17 February 2016, the government introduced new anti-discrimination bill, which prohibits discrimination based on sexual orientation, gender identity and gender expression, among others. It was approved by the National Assembly on 21 April, in a 50–17 vote. [24] [25] The National Council did not require the Assembly to vote on the bill again. On 28 April, the union of migrant workers SDMS filed a motion, with required 2,500 signatures, in order to be allowed to proceed with the petition for referendum. [26] [27] [28] However, on 5 May, the Speaker of the National Assembly Milan Brglez refused to set a 35-day deadline during which the proposers could collect 40,000 valid signatures to force the referendum, arguing that this and several other SDMS referendum initiatives constitutes an abuse of the referendum laws. [29] [30] He sent the bill for promulgation the next day. [31] [32] It was promulgated by President Borut Pahor and published in the official journal on 9 May 2016. [33] [34] On 10 May, SDMS challenged the Brglez's decision to the Constitutional Court. [35] In July 2016, the Constitutional Court rejected the challenge. [36]

Public opinion

A Eurobarometer survey published in December 2006 showed that 31% of Slovenians surveyed support same-sex marriage and 17% think homosexuals should be allowed to adopt children (EU-wide average 44% and 33%). [37]

A poll conducted by Delo Stik in February 2015 showed that 59% of Slovenians surveyed supported same-sex marriage, while 38% supported adoptions by same-sex couples. The poll also gauged support for the same-sex marriage bill, which was debated in the National Assembly at the time. The results showed that a narrow majority (51%) of Slovenians surveyed supported the bill. [38]

The 2023 Eurobarometer found that 62% of Slovenians thought same-sex marriage should be allowed throughout Europe, and 58% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex". However, only 42% of respondents agreed with the statement that "lesbian, gay, bisexual people should have the same rights as heterosexual people (marriage, adoption, parental rights)", which was well below the EU average of 69%. [39]

LGBT movement in Slovenia

The lesbian and gay movement has been active in Ljubljana since 1984, when MAGNUS, the gay section at ŠKUC (Student Cultural and Art Centre, Ljubljana), was founded as the "Cultural Organisation for Socialisation of Homosexuality." A pro-lesbian feminist group, Lilit, was started in 1985, followed in 1987 by LL, a lesbian group within ŠKUC. In 1990 Magnus and LL founded the national lesbian and gay campaigning organisation, Roza Klub.

Other parts of the country have no or very few organizations regarding sexual orientation.

Social conditions

A graffiti in Kranj that originally read Lezbijke na kole ("[Impale] lesbians on stakes" in Slovene), later modified to Pred lezbijke na kolena ("Kneel before the lesbians") Graffiti Kranj 01.jpg
A graffiti in Kranj that originally read Lezbijke na kole ("[Impale] lesbians on stakes" in Slovene), later modified to Pred lezbijke na kolena ("Kneel before the lesbians")

Gay culture

In Ljubljana there are many gay-friendly clubs and bars. Having started with only a few, the number increases every year. At klub K4 in Ljubljana there are gay and lesbian parties (K4 ROZA) one Saturday a month. At clubs Factory and Bolivar there are gay and lesbian parties organized by Jing Jang group. Parties take place there usually once a month. Other gay-friendly bars and clubs in Ljubljana are Lan, Tiffany and Galerija.

Anti-LGBT violence

There have been numerous instances of violent gay-bashing all over Slovenia,[ citation needed ] including an attack that occurred in June 2009 during a literary event at one of the famous gay bars in Ljubljana, Open. Gay rights activist and radio journalist Mitja Blažič was hospitalized following the attack by eight black-masked younger males with torches. [40]

In 2007, in Maribor, several individuals were beaten up by younger males during a Pride parade.

In March 2019, a brick was thrown through the window of Društvo DIH – Enakopravni pod mavrico, an LGBT NGO.

In 2019, a gay man was beaten by several individuals in Murska Sobota. He suffered kidney injuries and several broken ribs.

On 1 November 2019, a group of individuals vandalized an LGBT club, Tiffany, in the early morning hours at Metelkova in Ljubljana, and threatened the staff with violence.

2023 Pride Parade

On 17 June 2023, the annual Pride Parade took place in Ljubljana, starting from the autonomous zone of Metelkova and proceeding along Masaryk Street, passing Bavarski Dvor, and culminating at Congress Square, where speeches and a concert by musician Masayah were held. It had approximately 3,500 participants and was also attended by the President of Slovenia, Nataša Pirc Musar, who addressed the participants. The event was held under the slogan "Več skupnosti, en boj" (More communities, one fight), and it marked the culmination of a series of multi-day festival events, emphasizing calls for solidarity and the collective struggle for human dignity worldwide. [notes 1]

During and after the parade, attendees faced threats, violence, insults, flag burnings, and destruction of private property. An unknown perpetrator threw a bottle at the window of the Pritličje establishment where a rainbow flag was displayed. Members of the youth wing of Janez Janša's Slovenian Democratic Party (SDS) attempted to provoke parade participants by using biblical arguments that "there are only two genders." Zala Klopčič, an activist and influencer, argued on the street that God created humans in his image, referring to men and women, dismissing other gender identities as propaganda. Social media posts from individuals associated with the SDS youth wing expressed anti-LGBTIQ+ sentiments, while others, including former SDS youth leader Dominik Štrakl and Urban Purgar, a prominent figure associated with the Identitarian movement, made antisemitic and homophobic remarks. The SDS youth wing claimed to be victims of LGBTIQ+ intolerance, using the tactic of projecting their actions onto others. During the Pride march, police officers in Ljubljana received a report of an unidentified suspect who physically assaulted two people, causing minor injuries. [42]

Katja Sešek, a representative of the Pride Parade Association, told Radio Slovenia that there had not been such hostility for years. Mitja Blažič, a long-time activist and previous victim of similar attacks, highlighted the multiple instances of violence, homophobia, and transphobia during the Pride Parade as unprecedented and unsettling. [notes 2] The Human Rights Ombudsman Peter Svetina, the President of the National Assembly Urška Klakočar Zupančič, and the President Pirc Musar condemned the acts of intolerance and violence, emphasising the importance of respecting human rights and the freedom to express one's sexual orientation. The police are investigating reports of physical attacks, theft, and disturbances of public order related to the event. On 20 June, the violence was also condemned by Prime Minister Robert Golob. [43] The president of the leading opposition party (SDS) Janez Janša and Janša's party did not respond to the incidents. Additionally, the Minister of Justice Dominika Švarc Pipan and the Minister of Interior Boštjan Poklukar remained silent on the matter. [44] [42]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1977)
Equal age of consent (15) Yes check.svg (Since 1977)
Anti-discrimination laws in employment Yes check.svg (Since 2003)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 2009)
Anti-discrimination laws in all other areas (incl. hate speech) Yes check.svg (Since 2009)
Anti-discrimination laws covering gender identity or expression in all areas Yes check.svg (Since 2016)
Same-sex marriage Yes check.svg (Since 2022)
Recognition of same-sex couples Yes check.svg (Since 2006)
Stepchild adoption by same-sex couples Yes check.svg (Since 2011)
Joint adoption by same-sex couples Yes check.svg (Since 2022)
Adoption by a single LGBT person Yes check.svg
LGB people allowed to serve openly in the military Yes check.svg
Right to change legal gender Yes check.svg [45]
Gender self-identification
Homosexuality declassified as an illness Yes check.svg
Access to IVF for lesbian couples Yes check.svg / X mark.svg (Available only to married couples, not to single women)
Conversion therapy banned by law X mark.svg
Commercial surrogacy for gay male couples X mark.svg (Banned for all couples) [46]
MSMs allowed to donate blood Yes check.svg (Since 2022) [47]

See also

Notes

  1. Musar's address: "Pride is a powerful emotion that can inspire positive change. When people take to the streets with pride and confidence, they show others that acceptance is crucial and that love is the driving force that enriches us and makes us better, good, and noble. Love has no labels, no explanations. It is what it is, pure and simple. Love is the water of life." and "The Pride Parade is more than just a colorful event and rainbow flags. It is an expression of advocating for human dignity. It is a protest with a clear message that every person, regardless of their sexual orientation, gender identity, or gender expression, deserves respect, love, and equal treatment." [41]
  2. Blažič's statement: "Broken glass at Pritličje, kids on motorcycles shouting 'fuck you, faggots,' a beaten girl with a rainbow flag at Bavarski Dvor, a group of young people flipping the bird right there, protesters of the SDS youth wing's anti-LGBT campaign on the Slovene Street, news of verbal and physical violence on social media all night, burned rainbow flags, public confession of the so-called Yellow Vests that they organized attacks on parade participants... I haven't seen this much violent homophobia and transphobia at Ljubljana Pride, along with such a police presence, since 2001 when we first marched. A sinister feeling accompanied me throughout the evening, and for the first time, I wiped off the rainbow from my face as I left the Congress Square. I don't think this is a coincidence." [42]

Related Research Articles

This is a list of notable events in the history of LGBT rights that took place in the year 2005.

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 had 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.

<span class="mw-page-title-main">LGBTQ rights in Croatia</span>

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-LGBTQ 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.

<span class="mw-page-title-main">LGBTQ rights in the Czech Republic</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Bulgaria</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.

<span class="mw-page-title-main">LGBTQ rights in Serbia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Serbia face significant 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.

<span class="mw-page-title-main">LGBTQ rights in Bosnia and Herzegovina</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Romania</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Romania may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade, Timișoara's Pride Week and Cluj-Napoca's Gay Film Nights festival.

<span class="mw-page-title-main">LGBT rights in Cambodia</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) 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.

<span class="mw-page-title-main">LGBTQ rights in Montenegro</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Moldova</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Moldova face legal and social challenges and discrimination not experienced by non-LGBTQ residents. Households headed by same-sex couples are not eligible for the same rights and benefits as households headed by opposite-sex couples. Same-sex unions are not recognized in the country, so consequently same-sex couples have little to no legal protection. Nevertheless, Moldova bans discrimination based on sexual orientation in the workplace, and same-sex sexual activity has been legal since 1995.

<span class="mw-page-title-main">LGBTQ rights in Switzerland</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) 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.

<span class="mw-page-title-main">LGBT rights in Cape Verde</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBTQ people.

<span class="mw-page-title-main">LGBTQ rights in Kosovo</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) 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.

<span class="mw-page-title-main">LGBTQ rights in Bermuda</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Barbados</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Barbados do not possess the same legal rights as non-LGBT people. In December 2022, the courts ruled Barbados' laws against buggery and "gross indecency" were unconstitutional and struck them from the Sexual Offences Act. However, there is no recognition of same-sex relationships and only limited legal protections against discrimination.

<span class="mw-page-title-main">2015 Slovenian same-sex marriage referendum</span>

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 on a law governing the Divača-Koper rail upgrade was held in Slovenia on 24 September 2017. The referendum was marked by a low turnout; a majority of voters voted in favour of the proposed law. The results were annulled by the Supreme Court in March 2018, resulting in a new referendum being held in 13 May 2018.

<span class="mw-page-title-main">8th National Assembly of Slovenia</span>

The 8th National Assembly of the Republic of Slovenia was elected in the 3 June 2018 Slovenian parliamentary elections. At the order of President Borut Pahor, it first convened on 22 June 2018. The assembly was in session during the outgoing 12th Government of Prime Minister Miro Cerar and elected the 13th and 14th governments. It was the fourth consecutive time in which centre-left and left-wing parties had a majority.

<span class="mw-page-title-main">Ljubljana Pride</span> Annual LGBTIQ march in Ljubljana, Slovenia

Ljubljana Pride is the annual Slovenian national LGBTIQ pride march, held in its capital of Ljubljana each June. The name also refers to the week of LGBT-related events that are held in the city prior to the march. It is organized by the Pride Parade Society and strongly supported by the City of Ljubljana.

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