Recognition of same-sex unions in Cyprus

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Cyprus has recognised same-sex unions since 9 December 2015. Legislation to establish civil cohabitations was approved by the Cypriot Parliament on 26 November 2015, and took effect on 9 December upon publication in the government gazette.

Contents

Civil cohabitation

Background

In 2010, the Interior Ministry Permanent Secretary, Lazaros Savvides, indicated that the Cypriot Government was considering whether to legalise same-sex marriage in Cyprus. [1] This was followed in 2013 with an announcement by Interior Minister Eleni Mavrou that her ministry was working on a parliamentary bill to establish civil partnerships. [2] The Cypriot Government subsequently gave its official approval to the draft bill. [3] In March of that year, President Nicos Anastasiades, who had been elected in the 2013 presidential election, reaffirmed his support for the bill. [4] In November 2013, Interior Minister Socratis Hasikos confirmed that the bill remained on the government agenda. A draft had been prepared and was sent to other ministries for review, with the intention of holding a parliamentary vote in April 2014. [5] In June 2014, the Interior Ministry Permanent Secretary, Constantinos Nicolaides, confirmed that the bill had been delayed. [6] Hasikos clarified that a proposed bill would "need consensus from all political parties before moving forward". He gave all parties a copy of the bill and asked that they study it in time for a second meeting that September. Hasikos stressed that "he would not hold a vote until he was sure all parties were in favour". [7]

In March 2014, the head of the Orthodox Church in Cyprus, Archbishop Chrysostomos II, signalled his opposition to plans to introduce either civil partnership or marriage rights, urging churches to take a stand against homosexuality and accusing secular governments of "weakening moral integrity" through acknowledging equal rights to gay people: "When, for example, governments legalise not only plain civil partnership but 'homosexual marriage', the Church must be unequivocal in condemning homosexuality." [8]

Passage of legislation in 2015

Laws regarding same-sex partnerships in Europe1
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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.
v
t
e Same-sex marriage map Europe detailed.svg
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.

On 6 May 2015, the Council of Ministers approved a bill establishing gender-neutral "cohabitation agreements", offering many of the rights, benefits and responsibilities of marriage. [9] On 6 June 2015, the ruling Democratic Rally (DISY) party announced its support for the partnership bill. [10] [11] The bill had its first reading on 18 June. [12] On 1 July, the House of Representatives decided to rename the proposed partnership recognition scheme to "civil cohabitation". [13] [14] The second reading was initially scheduled for 9 July, but was postponed until autumn. [15] The bill passed its final reading on 26 November 2015 in a 39–12 vote with 3 abstentions. [16] [17] Those voting in favour were members of the ruling DISY party, the Democratic Party (DIKO), the Progressive Party of Working People (AKEL), the Movement for Social Democracy, the Ecological and Environmental Movement, and the European Party. Of the 12 MPs that voted against the bill, 6 were members of DISY, 3 were members of DIKO, 1 was a member of Citizens' Alliance, 1 was a member of AKEL, and 1 was an independent. The 3 lawmakers who abstained were all members of DISY. The law was signed by President Anastasiades, published in the government gazette on 9 December 2015 and took effect that same day. [18] [19] [20] The first civil partnership was registered on 29 January 2016 between two women. [21] The first public ceremony was held in Nicosia on 4 March 2016 between Marios Frixou and Fanos Eleftheriades. [22]

The legislation established a partnership scheme known as civil cohabitation (Greek : πολιτική συμβίωση, politikí symvíosi, pronounced [politiˈcisimˈvi.osi] ; Turkish : sivil birliktelik, pronounced [siˈvilbiɾlicteˈlic] ) open to both same-sex and opposite-sex couples. This provides civil partners with several of the legal rights and benefits of marriage, such as hospital visitation rights, tax benefits and property rights, among others, but excluding adoption rights. [23]

Statistics

By 18 April 2016, eight same-sex partnerships had been registered in Cyprus. [24] [25] By October of the same year, that number had increased to approximately 70 couples. [26]

Civil partnerships are also popular among different-sex couples. As of August 2017, heterosexual couples accounted for about 70% of all partnerships, while same-sex couples made up the remaining 30%. [27] By December 2020, around 1,700 partnerships had been registered, with 90% of these being between heterosexual couples. [28]

Same-sex marriage

Same-sex marriage is not legal in Cyprus. The Constitution of Cyprus does not explicitly ban same-sex marriages. Article 22 states that "[a]ny person reaching nubile age is free to marry and to found a family according to the law relating to marriage, applicable to such person under the provisions of this Constitution." [29] In September 2022, activists campaigned for legalization at Cyprus Pride. [30] A number of candidates running in the 2023 presidential election stated their support for same-sex marriage, including the winner, Nikos Christodoulides, and runner-up Andreas Mavroyiannis. [31] [32]

Following the legalization of same-sex marriage in Greece in February 2024, a government spokesman said that "politicians and society are not ready for gay marriage and adoption" in Cyprus but that "at some point this dialogue will be opened in Cyprus". [33] [34]

Public opinion

The 2006 Eurobarometer found that only 14% of Cypriots were in favour of same-sex marriage. [35] This was the third lowest in the European Union at the time; only in Latvia and Romania was support lower. The 2015 Eurobarometer found that support had increased to 37%, while 56% were opposed. [36]

A 2014 survey found that 53.3% of Cypriots supported civil unions or partnerships for same-sex couples. [37]

The 2019 Eurobarometer found that 36% of Cypriots thought same-sex marriage should be allowed throughout Europe, while 60% were opposed. [38] The 2023 Eurobarometer showed that support had increased to 50%, while 44% were opposed. The survey also found that 46% of Cypriots thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 50% disagreed. This was the first time an opinion poll had found that a majority of Cypriots supported same-sex marriage, showing a steady increase in support for LGBT rights. [39]

See also

Related Research Articles

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

Same-sex marriage has been legal in the Netherlands since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage.

Same-sex marriage has been legal in Belgium since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. King Albert II granted his assent, and the bill entered into force on 1 June. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands. "Statutory cohabitation", a form of civil union open to any two legally consenting cohabiting persons, has been available since 1 January 2000.

Same-sex marriage has been legal in Ireland since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Same-sex marriages in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day. Ireland was the eighteenth country in the world and the eleventh in Europe to allow same-sex couples to marry nationwide.

Same-sex marriage has been legal in Greece since 16 February 2024. In July 2023, the re-elected government headed by the New Democracy party announced its intention to legalize same-sex marriage. Legislation was introduced to the Hellenic Parliament on 1 February 2024 and passed on 15 February by 175 votes to 77. The bill was signed into law by President Katerina Sakellaropoulou and took effect upon publication in the Government Gazette on 16 February. Greece was the 16th member state of the European Union, the 21st country in Europe and the 36th in the world to allow same-sex couples to marry.

Same-sex marriage has been legal in Luxembourg since 1 January 2015. A bill for the legalisation of same-sex marriages was enacted by the Chamber of Deputies on 18 June 2014 and signed into law by Grand Duke Henri on 4 July. Luxembourg was the last Benelux country, the sixteenth country in the world, and the tenth in Europe to allow same-sex couples to marry nationwide. Partnerships have also been available in Luxembourg since November 2004.

Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights, and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.

Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.

Same-sex marriage has been legal in Estonia since 1 January 2024. The government elected in the March 2023 election, led by Prime Minister Kaja Kallas and consisting of the Reform Party, the Social Democrats and Estonia 200, vowed to legalize same-sex marriage. Legislation to open marriage to same-sex couples was introduced to the Riigikogu in May 2023, and was approved in a final reading by 55 votes to 34 on 20 June. It was signed into law by President Alar Karis on 27 June, and took effect on 1 January 2024. Estonia was the first Baltic state, the twentieth country in Europe, and the 35th in the world to legalise same-sex marriage.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Greece are regarded as the most advanced in Southeast Europe and among all the neighboring countries. Public opinion on homosexuality in Greece is generally regarded as culturally liberal, with civil partnerships being legally recognised since 2015 and same-sex marriage since 16 February 2024.

<span class="mw-page-title-main">Legal status of same-sex marriage</span> Overview of the legal status of same-sex marriage

The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.

Same-sex marriage has been legal in Sweden since 1 May 2009 following the adoption of a gender-neutral marriage law by the Riksdag on 1 April 2009. Sweden was the seventh country in the world and the fifth in Europe to open marriage to same-sex couples nationwide. Existing registered partnerships remain in force and can be converted to a marriage if the partners so desire, either through a written application or through a formal ceremony. New registered partnerships are no longer able to be entered into and marriage is now the only legally recognized form of union for couples regardless of sex.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. Nevertheless, same-sex couples are unable to marry or jointly adopt, and registering civil partnerships without court litigation remains impossible.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. 21 of the 36 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.

Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.

<span class="mw-page-title-main">Recognition of same-sex unions in Europe</span> Legal recognition of same-sex relationships in Europe

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.

Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.

Slovakia does not recognise same-sex marriage or civil unions. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014. Bills to recognise same-sex civil partnerships have been introduced several times, most recently in 2023, but all have been rejected. However, there is some legal recognition for unregistered cohabiting same-sex couples; limited rights for a "close person" are recognised under civil and penal law.

Same-sex marriage has been legal in Malta since 1 September 2017 following the passage of legislation in the Parliament on 12 July 2017. The bill was signed into law by President Marie-Louise Coleiro Preca on 1 August 2017. On 25 August 2017, the Minister for Equality, Helena Dalli, issued a legal notice to commence the law on 1 September. Malta was the 21st country in the world and the thirteenth in Europe to allow same-sex couples to marry nationwide.

<span class="mw-page-title-main">LGBT rights in the European Union</span> Overview of LGBT rights in the European Union

LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have different laws when it comes to any greater protection, same-sex civil union, same-sex marriage, and adoption by same-sex couples.

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