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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.
In March 2022, a court ordered the government to recognize a same-sex marriage validly performed in the United States. [1]
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]
Party | Votes for | Votes against | Abstained or Absent |
---|---|---|---|
Priorité Monaco (Primo!) | 19 | - | 2 |
Horizon Monaco | 2 | - | - |
Union Monégasque | 1 | - | - |
Total | 22 | 0 | 2 |
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]
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]
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.
Same-sex marriage has been legal in New Brunswick since June 23, 2005 in accordance with a ruling from the Court of Queen's Bench of New Brunswick. This decision followed similar cases in eight other provinces and territories, and pre-dated by only one month the federal Civil Marriage Act of 2005, which legalised same-sex marriage throughout Canada. New Brunswick was the ninth jurisdiction in Canada to recognise same-sex marriage, and the twelfth worldwide.
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.
Italy has recognised same-sex civil unions since 5 June 2016, providing same-sex couples with almost all of the legal protections enjoyed by opposite-sex married couples, excluding joint and stepchild adoption rights. A bill to allow such unions, as well as gender-neutral registered partnerships, was approved by the Senate on 25 February 2016 and the Chamber of Deputies on 11 May and signed into law by the Italian President on 20 May of the same year. The law was published in the official gazette the next day and took effect on 5 June 2016. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these civil unions varied from place to place.
Lesbian, gay, bisexual, and transgender (LGBT) rights in France are progressive by world standards. Although same-sex sexual activity was a capital crime that often resulted in the death penalty during the Ancien Régime, all sodomy laws were repealed in 1791 during the French Revolution. However, a lesser-known indecent exposure law that often targeted LGBT people was introduced in 1960, before being repealed in 1980.
Lesbian, gay, bisexual, and transgender (LGBT) people in Luxembourg have the same legal rights as non-LGBT people. Partnerships, which grant many of the benefits of marriage, have been recognised since 2004. In June 2014, the Luxembourgish Parliament passed a law enabling same-sex marriage and adoption rights, which took effect on 1 January 2015. Additionally, discrimination on the basis of sexual orientation and "change of sex" in employment, healthcare and the provision of goods and services is outlawed, and transgender people are allowed to change their legal gender on the basis of self-determination.
Lesbian, gay, bisexual, and transgender (LGBT) people in Monaco may face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Monaco. However, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Switzerland are 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.
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). Around 41% of the European population live in jurisdictions where same-sex marriage is legal.
Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, Nepal, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay.
Same-sex marriage has been legal in Andorra since 17 February 2023. Andorra first established stable unions on 23 March 2005, providing same-sex couples with some of the rights and benefits of marriage, and later enacted civil unions on 25 December 2014, offering a greater set of rights. On 21 July 2022, the General Council voted to open civil marriage to same-sex couples. The law was promulgated by Co-Prince Emmanuel Macron on 17 August 2022, and came into effect six months later. Andorra was the 34th country in the world and the nineteenth in Europe to allow same-sex couples to marry.
The law opening marriage to same-sex couples, no. 2013-404 is a French law which, since 18 May 2013, grants same-sex couples the right to marry and jointly adopt children.
Nicole Manzone-Saquet is a Monegasque politician and a president of the Union of Monegasque Women. From 2008 until 2013 Manzone-Saquet was a member of the National Council of Monaco from Union Monegasque.
La Manif pour tous (LMPT) is a political organization in France which is responsible for most of the large demonstrations and actions in opposition to laws enabling same-sex marriage and adoption by same-sex couples in France.
The 2021 Swiss same-sex marriage referendum was a facultative referendum held in Switzerland on 26 September 2021 about an amendment to the Civil Code to legalise marriage between people of the same sex, as well as adoption rights for same-sex couples and access to assisted reproductive technology for lesbian couples. The amendment was called "marriage for all" in Swiss public discourse.
General elections were held in Monaco on 5 February 2023. The result was a landslide victory for the governing Monegasque National Union led by Brigitte Boccone-Pagès, which won all 24 seats on the National Council. The new council was sworn in on 16 February.
L'homme et la femme ne peuvent se marier avant dix-huit ans.