| Part of the LGBT rights series | ||
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Civil unions and registered partnerships
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See also
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Notes
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 LGBT portal | ||
North Macedonia does not recognize same-sex marriages or civil unions.
| Part of the LGBT rights series |
| LGBT portal |
North Macedonia does not recognize same-sex marriages or civil unions.
There is no legal recognition of same-sex relationships in North Macedonia. The Law on Family defines marriage as "a living community of a man and a woman regulated by law." [1] Article 15 of the Law on Family also states that "a marriage may be stipulated by two persons of different gender with a freely expressed will before a competent authority, in a manner stipulated by this law." [2]
North Macedonia 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. [3]
The Constitution of North Macedonia does not expressly prohibit same-sex marriages. Article 40 states: [4]
The legal relations in marriage, the family and cohabitation are regulated by law. [lower-alpha 1]
In September 2013, a proposed constitutional amendment to define marriage as a union between "a man and a woman" failed to meet the required two-thirds majority in the Assembly of North Macedonia. [7]
In late June 2014, the re-elected ruling party, VMRO-DPMNE, once again submitted a bill, this time hoping that the Democratic Party of Albanians (DPA) would provide the additional votes needed to pass it. [8] On 9 January 2015, the parliamentary committee on constitutional issues approved the amendment prohibiting same-sex marriage. On 20 January, the amendment was approved in Parliament by 72 votes to 4. [9] "Today's vote is another addition to discrimination, violence and intolerance on the basis of sexual orientation or gender identity in Macedonia.", said a spokesman for Amnesty International. [10] A final vote was required for the amendment to be added to the Constitution. This final parliamentary session was commenced on 26 January but never concluded, as the ruling coalition did not obtain the two-thirds majority required. Eventually, the amendment failed, and the Constitution was not modified to prohibit same-sex marriages. [11]
A 2015 National Democratic Institute (NDI) poll showed that 2% of Macedonians considered same-sex marriages "completely acceptable" and 7% considered it "mainly acceptable", while 89% of respondents considered it "unacceptable" (11% "mainly unacceptable" and 78% "completely unacceptable"). [12]
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 spouses of European Union citizens should be granted a right of residency in Romania. The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.
Lesbian, gay, bisexual, and transgender (LGBT) people in Poland face legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2023 report, the status of LGBTQ rights in Poland is the worst among the European Union countries.
Latvia does not recognize same-sex marriage. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions, subject to approval by President Edgars Rinkēvičs by 9 January 2024. The law is scheduled to take effect on 1 July 2024.
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 Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. Twenty of the 36 countries that have legalised same-sex marriage worldwide are situated in Europe. A further eleven European countries have legalised civil unions or other forms of more limited recognition for same-sex couples.
Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.
Lesbian, gay, bisexual, and transgender (LGBT) people in Panama face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Panama, but same-sex couples and households headed by same-sex couples are not eligible for the same legal benefits and protections available to opposite-sex married couples.
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. Kosovo remains one of the few Muslim-majority countries where LGBT pride parades are held annually.
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 in some form.
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 had been introduced to Parliament in 2009 with the support of Prime Minister Sali Berisha, but was never voted on.
Moldova does not recognize same-sex marriage or civil unions. The Constitution of Moldova defines marriage as being between "a husband and a wife".
El Salvador does not recognize same-sex marriage, civil unions or any other legal union for same-sex couples. A proposal to constitutionally ban same-sex marriage and adoption by same-sex couples was rejected twice in 2006, and once again in April 2009 after the Farabundo Martí National Liberation Front (FMLN) refused to grant the measure the four votes it needed to be ratified.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Paraguay face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples. Paraguay remains one of the few conservative countries in South America regarding LGBT rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
North Carolina Amendment 1 was a legislatively referred constitutional amendment in North Carolina that amended the Constitution of North Carolina to prohibit the state from recognizing or performing same-sex marriages or civil unions. The amendment did not prohibit domestic partnership agreements, but defined male–female marriage as "the only domestic legal union" considered valid or recognized in the state. On May 8, 2012, North Carolina voters approved the amendment, 61% to 39%, with a voter turnout of 35%. On May 23, 2012, the amendment took effect.
Same-sex unions are currently not recognized in Honduras. Since 2005, the Constitution of Honduras has explicitly banned same-sex marriage. In January 2022, the Supreme Court dismissed a challenge to this ban, but a request for the Inter-American Commission on Human Rights to review whether the ban violates the American Convention on Human Rights is pending. A same-sex marriage bill was introduced to Congress in May 2022.
Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.
This is a list of notable events in the history of LGBT rights taking place in the year 2023.
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