LGBT rights in Slovenia

Last updated

EU-Slovenia.svg
Status Male legal since 1977, female was never criminalized
Military Gays, lesbians and bisexuals allowed to serve openly
Discrimination protections Sexual orientation protection
(see below)
Family rights
Recognition of relationships Registration of same-sex partnership between 2006 and 2017
Partnership since 2017
Adoption Step-child adoption and recognition of abroad-registered same-sex adoptions

Lesbian, gay, bisexual, and transgender (LGBT) people in Slovenia face legal challenges not experienced by non-LGBT residents, though the laws concerning LGBT citizens have evolved over time.

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 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 age of consent is 15 years regardless of sexual orientation and has been legal since 1977.

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. [1]

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. [2] [3]

On 3 March 2015, the Assembly passed the bill to legalize same-sex marriage in a 51–28 vote. [4] 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. [5] 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. [6] Slovenian Catholic groups, and Pope Francis urged people to vote against the same-sex marriage bill. [7] [8] The referendum took place on 20 December 2015 and the bill was rejected. [9]

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. [10] 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). [11] [12] [13] [14]

Discrimination protections

Since 1998 discrimination on basis of sexual orientation in workplaces has been banned. The same goes for employment seekers. [15] 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. [16] In July 2009, the Constitutional Court held that Article 14(1) of the Slovenian Constitution bans discrimination based on sexual orientation. [2] [3]

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. [17] [18] 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. [19] [20] [21] 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. [22] [23] He sent the bill for promulgation the next day. [24] [25] It was promulgated by President Borut Pahor and published in the official journal on 9 May 2016. [26] [27] On 10 May, SDMS challenged the Brglez's decision to the Constitutional Court. [28] On july 2016, The Constitutional Court rejected the challenge [29]

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%). [30]

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. [31]

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 of 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. [32]

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.

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1977)
Equal age of consent Yes check.svg (Since 1977)
Anti-discrimination laws in employment only Yes check.svg (Since 1998)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 1998)
Anti-discrimination laws in all other areas (incl. hate speech) X mark.svg
Same-sex marriage X mark.svg
Recognition of same-sex couples Yes check.svg (Since 2006)
Joint adoption by same-sex couples X mark.svg
Step-child adoption by same-sex couples Yes check.svg (Since 2011)
Adoption by single LGBT persons X mark.svg
LGBT allowed to serve openly in the military Yes check.svg
Right to change legal gender Yes check.svg [33]
Access to IVF for lesbians and bisexual women X mark.svg
Conversion therapy banned on minors X mark.svg
Homosexuality declassified as an illness Yes check.svg
Commercial surrogacy for gay male couples X mark.svg (Illegal for all couples regardless of sexual orientation) [34]
Automatic parenthood on birth certificates for children of same-sex couples X mark.svg
MSMs allowed to donate blood X mark.svg

See also

Related Research Articles

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 married partners of European Union citizens must be recognised for the purpose of establishing a right of residency in Romania. As of 2021, Romania has not implemented the ruling.

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

Slovenia has recognized partnerships since 24 February 2017. These provide same-sex partners with all the legal rights of marriages, with the exception of joint adoption and in vitro fertilisation. Previously, Slovenia had recognized the more limited registrirana partnerska skupnost for same-sex couples between 2006 and 2017, which gave same-sex partners access to one another's pensions and property.

LGBT rights in Croatia Rights of lesbian, gay, bisexual and transgender people in Croatia

Lesbian, gay, bisexual, and transgender (LGBT) rights in Croatia have expanded in recent years, but LGBT persons may 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, Croatia's Constitution 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 all aspects. Same-sex couples in Croatia can apply for adoption and foster care. Croatia bans all discrimination on the grounds of sexual orientation, gender identity, and gender expression. Croatia has the most advanced LGBT rights in the Slavic World according to ILGA-Europe.

LGBT rights in Slovakia

Lesbian, gay, bisexual, and transgender (LGBT) people in Slovakia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Slovakia, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. While Slovakia grants same-sex couples limited legal rights, namely in the area of inheritance, the country does not recognize same-sex marriage or civil unions. Slovakia, unlike its neighbour, the Czech Republic, holds more conservative views on issues dealing with LGBT rights.

LGBT rights in Hungary Rights of LGBT people in Hungary

LGBT people in Hungary may 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 registered at birth 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.

LGBT rights in Romania Rights of LGBT people in Romania

Lesbian, gay, bisexual, and transgender (LGBT) persons 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 and Cluj-Napoca's Gay Film Nights festival. In 2006, Romania was named by Human Rights Watch as one of five countries in the world that had made "exemplary progress in combating rights abuses based on sexual orientation or gender identity." In 2021, ILGA-Europe ranked Romania 25 out of 27 EU countries for LGBT rights protection, behind all EU countries except Latvia and Poland.

This is a list of notable events in the history of LGBT rights that took place in the year 2006.

LGBT rights in Montenegro

Lesbian, gay, bisexual, and transgender (LGBT) persons in Montenegro may 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.

LGBT rights in Moldova

Lesbian, gay, bisexual, and transgender (LGBT) persons in Moldova face legal and social challenges and discrimination not experienced by non-LGBT 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.

LGBT rights in Norway

Norway, like the other Scandinavian countries, is very progressive in regards to lesbian, gay, bisexual and transgender (LGBT) rights. In 1981, Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009. In 2016, Norway became the fourth country in Europe to pass a law allowing the change of legal gender for transgender people solely based on self-determination.

LGBT rights in Uruguay

Lesbian, gay, bisexual and transgender (LGBT) rights in Uruguay are among the most liberal in both South America and the world. Same-sex sexual activity has been legal with an equal age of consent since 1934. Anti-discrimination laws protecting LGBT people have been in place since 2004. Civil unions for same-sex couples have been allowed since 2008 and same-sex marriages since 2013, in accordance with the nation's same-sex marriage law passed in early 2013. Additionally, same-sex couples have been allowed to jointly adopt since 2009 and gays, lesbians and bisexuals are allowed to serve openly in the military.

LGBT rights in Kosovo

Lesbian, gay, bisexual, 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. However, homosexuality is still viewed by Kosovar society as a taboo topic.

LGBT rights in Seychelles

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Seychelles face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since 2016, and employment discrimination on the basis of sexual orientation is banned in the Seychelles, making it one of the few African countries to have such protections for LGBT people. However, LGBT people may nonetheless face stigmatization among the broader population.

LGBT rights in Alaska Overview of LGBT rights in the U.S. state of Alaska

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Same-sex sexual activity has been legal since 1980, and same-sex couples have been able to marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.

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.

This is a list of notable events in the history of LGBT rights that took place in the year 2017.

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.

8th National Assembly of Slovenia

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 was expected to elect the 13th government. It is the 4th consecutive assembly in which centre-left and left-wing parties have a majority.

7th National Assembly of Slovenia

7th National Assembly was elected on the 13 July 2014 Slovenian parliamentary elections.

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