| Part of the LGBT rights series |
 LGBTQportal |
Moldova does not recognize same-sex marriage or civil unions. The Constitution of Moldova defines marriage as being between "a husband and a wife".
Registered partnerships (Romanian : parteneriat înregistrat, pronounced [parteˈnerjatɨnreˈdʒistrat] ) [a] are not recognized in Moldova. However, the country 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] [3] [4] If established, such a scheme would likely offer same-sex couples some of the rights, benefits and responsibilities of marriage.
The Fedotova ruling was vehemently opposed by the Moldovan Orthodox Church, the largest church in Moldova. Metropolitan Vladimir stated that Moldova was "in a worrying situation", saying that attempts to legalise civil partnerships "will be followed by a proportional reaction because such decisions go against the eminently Orthodox and historical conscience of the people. The Orthodox Church of Moldova urges the faithful to take a stand, obviously, strictly within limits allowed by the legislation in force of the Republic of Moldova, so that such legalisation and promotion of sin does not take place." [5]
Article 48(2) of the Constitution of Moldova states that "[t]he family shall be founded on a freely consented marriage between a husband and wife, on their full equality in rights and the parents' right and obligation to ensure their children's upbringing, education and training." [6] In addition, Article 48(1) states: "The family shall represent the natural and fundamental factor of the society, and shall enjoy the State and society protection." The wording has been interpreted as banning same-sex marriage, though the Constitutional Court of Moldova has not ruled on a case challenging this definition. The Family Code refers to married spouses as "man and woman". [7] Article 2 of the code states that "family relations are performed according to the principles of [...] voluntariness of the marriage union of the man and woman [...]". Transgender persons are permitted to marry a person of the opposite sex after sex reassignment surgery and the changing of their identification documents to reflect their legal gender. [8]
In December 2022, pro-Russia news outlets were erroneously reporting that the European Union had made the legalisation of same-sex marriage a condition for Moldova's accession to the union. A motion published in the Official Journal of the European Union on 16 December 2022 "invites the Republic of Moldova to eliminate the constitutional ban on same-sex marriages established in 1994 and to establish measures to combat discrimination for LGBTI people." The motion does not oblige and does not make the accession to the EU conditional on amending the Constitution. [9]
In March 2023, four same-sex couples who were denied marriage licenses announced plans to challenge the refusal at the European Court of Human Rights. [10] A couple, Angelica Frolov and Leo Zbancă, filed a lawsuit in April 2023 seeking legal recognition of their relationship. [11] [12] [13] In June 2023, activists demonstrated in Chișinău for the legal recognition of same-sex unions. A spokesperson for the LGBT advocacy group GenderDoc-M said, "Currently, we have new initiatives [such as the marriage equality campaign], which for [us] is a sign of our development." [14]
Opinion polls report that a majority of Moldovans oppose the legal recognition of same-sex marriage. A 2014 survey from the Institute for Public Policy (IPP) showed that 6% of Moldovans supported same-sex marriage, while 87% were opposed. [15] The same survey also showed that only 6% of Moldovans knew a gay person.
A 2017 Pew Research Center poll found that 5% of Moldovans supported same-sex marriage, the lowest in Eastern Europe alongside Russia. [16] Support is increasing, with a 2022 poll commissioned by GenderDoc-M showing that 14% of Chișinău residents supported same-sex marriage. [17] The poll also showed that residents who had a negative attitude towards LGBT people decreased from 55% to 33% in the space of three years. LGBT advocate Angelica Frolov said, in response to the survey, "Already in 2022 we have some changes at the level of legislation. Finally, the law providing for punishments for hate crimes and hate speech was passed. It is a step forward because the LGBT community will also be protected and is expressly mentioned in the law among the protected criteria. There are a lot of positive developments in the country. Obviously they are because the homophobic party, the Party of Socialists, has left, which was doing everything it could to prevent equal rights for some groups. There came a pro-European party that believes that the people should not be divided, that all people, equally, must enjoy their rights", referencing the 2020 election in which Maia Sandu of the Party of Action and Solidarity defeated Igor Dodon of the Party of Socialists, known for its social conservatism.
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.5 billion people. The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in the Netherlands. Two more countries, Liechtenstein and Thailand, are set to begin performing same-sex marriages in January 2025.
Romania does not allow same-sex marriage or civil unions. Registered partnerships have been debated in the Parliament of Romania several times since 2008, though no bill on the matter has successfully passed. In May 2023, the European Court of Human Rights ruled that Romania was violating the European Convention on Human Rights by not recognizing same-sex unions. The government appealed the decision to the Grand Chamber in August 2023, but this appeal was rejected on 25 September 2023. Romania is now legally obliged to provide legal recognition to same-sex couples, and may risk financial sanctions from the Council of Europe if it fails to change the law.
Same-sex marriage has been legal in Greece since 16 February 2024. In July 2023, Prime Minister Kyriakos Mitsotakis, head of the re-elected New Democracy party, announced his government's intention to legalise same-sex marriage. Its legalisation was part of an action plan for LGBT equality, which was drafted by a special committee appointed by Mitsotakis in 2021. Legislation was introduced to the Hellenic Parliament on 1 February 2024 and passed on 15 February by 176 votes to 76. 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.
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Romania 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.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) 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.
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.
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.
Lesbian, gay, bisexual, transgender, and queer (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.
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. 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.
Russia does not recognize same-sex marriage or civil unions. Since 2020, the Russian Constitution has explicitly outlawed same-sex marriage. The Family Code of Russia also contains provisions forbidding same-sex marriages, which the Constitutional Court upheld as constitutional in 2006. Opinion polls have shown a decline in support for same-sex marriage in Russia. This declining trend has been attributed to anti-gay state propaganda, the 2013 gay propaganda law in particular, and growing anti-Western and traditionalist sentiment in Russia under Vladimir Putin.
Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.
Albania does not recognize same-sex marriages or civil unions. A bill to legalize same-sex marriage was introduced to Parliament in 2009 with the support of Prime Minister Sali Berisha, but was never put to a vote.
Same-sex unions have been recognised in the microstate of Monaco since 27 June 2020. On 4 December 2019, the National Council passed a bill establishing cohabitation agreements, offering both same-sex and opposite-sex couples limited rights and benefits in the areas of inheritance and property. The law took effect on 27 June.
Armenia does not recognize same-sex marriage or civil unions. The legal status of foreign same-sex marriages is unclear. On 3 July 2017, the Ministry of Justice reportedly stated that all marriages performed abroad are valid in Armenia, including marriages between people of the same sex. Article 143 of the Armenian Family Code states that Armenia recognizes foreign marriages as long as they conform with the legality of the territory where they were performed and contains no explicit prohibition of same-sex marriages. On the other hand, article 152 restricts the application of foreign law incompatible with the domestic public order. As of 2023, no instances of foreign same-sex marriage registrations are known. In 2019, Minister of Justice Rustam Badasyan said that the government does not recognize same-sex marriages.
Ukraine does not recognize same-sex marriage or civil unions. The Constitution of Ukraine defines marriage as between "a woman and a man". The issue of legal recognition for same-sex couples has become particularly acute after the start of Ukraine's accession to the European Union in 2022 and the Russian large-scale invasion of Ukraine during the Russo-Ukrainian War.
Fedotova and Others v. Russia was a case submitted by six Russian nationals to the European Court of Human Rights (ECtHR).
This is a list of notable events in the history of LGBTQ rights taking place in the year 2023.
The Oliari case is important for being the first judgment in which the ECtHR established the granting of legal "recognition and protection" to same-sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights.
Status of same-sex unions around the world | ||
|---|---|---|
| Africa |  | |
| Americas | ||
| Asia | ||
| Europe |
| |
| Oceania |
| |
| Antarctica |
| |
| Same-sex marriage prohibited by constitutional amendment |
|
|---|---|
| Same-sex marriage and civil unions prohibited by constitutional amendment | |
