Recognition of same-sex unions in Monaco

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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.

Contents

In March 2022, a court ordered the government to recognize a same-sex marriage validly performed in the United States. [1]

Cohabitation agreements

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.

The legislative process leading to the recognition of same-sex couples started in the early 2010s. In November 2010, an interview mentioned that Jean-Charles Gardetto, [2] a member of the National Council and lawyer, was preparing a draft bill intending to legally define cohabitation, either for heterosexual or for homosexual couples. [3] On 18 June 2013, the opposition Union Monégasque party submitted a bill to Parliament to establish gender-neutral cohabitation agreements. [4] The bill was immediately sent to the Women and Family Rights Commission for consideration. In July 2015, the commission's president said that debate on the bill would begin in late 2015. [5] Originally submitted as pacte de vie commune, the bill was amended to establish a "cohabitation agreement" (French : contrat de vie commune, pronounced [kɔ̃tʁad(ə)vikɔmyn] ; Monégasque: cuntratu de vita cumüne, pronounced [kuŋˈtɾatudeˈvitakuˈmyːne] ). The bill's rapporteur, Jean-Louis Grinda, submitted his report on 7 September 2016. [6] It noted that the Monegasque administration has recognised concubinage since 2008, and that the European Court of Human Rights considers non-recognition of same-sex relationships to be contrary to the European Convention on Human Rights as per its ruling in Oliari and Others v Italy . On 27 October 2016, the National Council unanimously approved a resolution mandating the Council of Government to draft a bill recognizing same-sex unions. [7] On 27 April 2017, the Council responded positively to the proposal, and said it would introduce a draft law by April 2018 following the February 2018 elections. [8]

The cohabitation agreement bill was introduced to the National Council on 16 April 2018. Under the bill, cohabiting same-sex and opposite-sex couples would be considered on par with siblings for inheritance tax but not at the same level as married couples. The agreement, which is open to siblings and parents and children as well, also provides an enumerated set of property and social security rights, and reciprocal obligations. The contrat is signed in front of a notary and then deposited at a public registry. [9] The agreement provides some but not all of the rights of marriage. For example, a foreign partner is not eligible for Monegasque citizenship, and both partners cannot share the same surname. [10]

On 4 December 2019, the National Council approved the bill in a unanimous 22–0 vote. [11] [12] [13] The legislation was signed into law by Prince Albert II on 17 December 2019, published in the official journal on 27 December and took effect six months later (i.e. 27 June 2020). [9] Several lawmakers criticized the "hypocritical" opposition of Catholic officials, notably from the Archbishop of Monaco, Bernard Barsi, who had written to all deputies urging them to vote against the bill, noting that the law concerned solely civil matters and not religious ones. [14] Many deputies called the law "long overdue", and president of the National Council Stéphane Valeri called it "great news for all couples". [15]

4 December 2019 vote in the National Council [14]
PartyVotes forVotes againstAbstained or Absent
  Priorité Monaco (Primo!)19-2
  Horizon Monaco 2--
  Union Monégasque 1--
Total2202

Same-sex marriage

Same-sex marriage is not recognized in Monaco. The Civil Code of Monaco does not explicitly ban same-sex marriages, but article 116 requires "the man" and "the woman" to be at least 18 years of age to marry. [16] The Constitution of Monaco does not restrict marriage to opposite-sex couples. [17]

On 10 March 2022, a lower court ruled that the government had to register the marriage of a dual Monegasque-American same-sex couple who had married in Michigan, United States in August 2019. The couple had applied to register their marriage in Monaco in February 2020, but the civil registrar refused to do so on the basis that their marriage "contravened the Monegasque public order" and that the Civil Code did not recognize same-sex marriages. The lower court held that the marriage was legally valid and did not violate the Monegasque public order. It ordered the government to register the marriage and provide the couple with all the rights and benefits of marriage. An appellate court upheld the decision on 28 September 2023. [1]

Public opinion

According to a survey conducted in 2007 by the Union pour Monaco (UPM) party before the 2007 municipal elections, 51% of the respondents (only native Monegasque inhabitants asked) agreed that living in a registered partnership should be accepted. Monegasques being a minority in Monaco, the survey is not representative of the entire public's opinion. [18]

See also

Related Research Articles

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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 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 France since 18 May 2013, making France the thirteenth country in the world and the ninth in Europe to allow same-sex couples to marry. The legislation applies to metropolitan France as well as to all French overseas departments and territories.

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Same-sex marriage has been legal in Switzerland since 1 July 2022. Legislation to open marriage to same-sex couples passed the Swiss Parliament in December 2020. The law was challenged in a referendum on 26 September 2021 by opponents of same-sex marriage and was approved with the support of 64% of voters and a majority in all 26 cantons. The law went into force on 1 July 2022. A provision of the law permitting same-sex marriages performed abroad to be recognised in Switzerland took effect on 1 January 2022. Switzerland was the seventeenth country in Europe to allow same-sex couples to marry.

Greece has recognized cohabitation agreements providing same-sex couples with several of the rights and benefits of marriage since 24 December 2015. Legislation allowing such unions was approved by the Hellenic Parliament on 23 December 2015 and published in the Government Gazette the following day. In July 2023, the re-elected government headed by the New Democracy party announced its intention to legalize same-sex marriage. Legislation was introduced in February 2024 and is expected to pass before Easter.

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. Partnerships have also been available in Luxembourg since November 2004.

<span class="mw-page-title-main">Recognition of same-sex unions in Italy</span>

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References

  1. 1 2 "Cour d'appel, 28 septembre 2023, Le Procureur Général D. c/ Monsieur E. et Monsieur r. A." LegiMonaco (in French). 28 September 2023.
  2. "Constitution Monégasque - 17 décembre 1962 - Site Officiel du Conseil National - Principauté de Monaco". Archived from the original on 1 April 2012. Retrieved 19 September 2011.
  3. Monacohebdo.mc, "Les cas de discrimination existent", question : "Vous aviez en projet de proposer un texte sur le concubinage ?", 8 November 2010 (French)
  4. (in French) n°207 Proposition de loi relative au Pacte de vie commune
  5. "Homosexual unions could be an option in Monaco from 2017 - The Riviera Times Online". 10 October 2015. Archived from the original on 10 October 2015.
  6. "RAPPORT SUR LA PROPOSITION DE LOI, N° 207, RELATIVE AU CONTRAT DE VIE COMMUNE".
  7. "Bientôt un pacs monégasque ?". Monaco Hebdo. 9 November 2016.
  8. "" Je suis une indépendante " - Monaco Hebdo". Monaco Hebdo (in French). 2017-07-19. Retrieved 2017-09-01.
  9. 1 2 "n° 1481 - Loi du 17 décembre 2019 relative aux contrats civils de solidarité" (in French). 4 December 2019.
  10. "L'union libre enfin reconnue à Monaco". Conseil National (in French). 24 August 2020.
  11. "Monaco institue un pacs pour tous les couples". Le Quotidien (in French). 6 December 2019.
  12. "La principauté de Monaco autorise l'union libre pour tous les couples". Ouest France (in French). 6 December 2019.
  13. "La loi sur le contrat de vie commune votée à l'unanimité hier soir". Monaco Tribune (in French). 5 December 2019.
  14. 1 2 Gehin, Nicolas (18 December 2019). "Contrat de vie commune: ils ont dit «Oui»". Monaco Hebdo (in French).
  15. "Monaco reconnaît l'union civile pour tous les couples". BFM TV (in French). 12 December 2019.
  16. "Code Civil, Livre I Des Personnes, Titre V Du Mariage, Article 116". LégiMonaco (in French). Retrieved 15 September 2022. L'homme et la femme ne peuvent se marier avant dix-huit ans.
  17. "Pourquoi Monaco est si mal classé dans le classement de l'association LGBT+ Ilga-Europe ?". Libération (in French). 30 May 2020.
  18. "Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity, Sociological Report: Monaco" (PDF). The Danish Institute For Human Rights.