Recognition of same-sex unions in Slovakia

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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. [1] [2] 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.

Contents

In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union (EU) citizens should be granted a right of residency in Slovakia. [3] Slovak authorities announced compliance with the ruling. [4]

Limited rights

Since 2018, Slovak civil and penal law has recognised a new definition of a "close person" (Slovak : blízka osoba), previously limited to a sibling, relative or spouse. A family member or a person in a relationship shall be considered under law as a "close person" "if an injury suffered by one of them is reasonably felt by the other person as an injury suffered by him or her." [5] Only limited rights are granted, namely in the area of inheritance. [1] [2]

In 2023, Minister of Justice Viliam Karas introduced a cohabitation bill to the National Council, which was approved at first reading in a 72–21 vote in May. [6] However, later that same month, Jana Dubovcová, who succeeded Karas as minister of justice on 15 May, withdrew the legislative proposal due to criticism from LGBT organizations. [7]

Registered partnerships

Background

In 2008 and 2009, Iniciatíva Inakosť ("Otherness Initiative"), an LGBT advocacy group, launched a public awareness campaign for the recognition of registered life partnerships (Slovak : životné partnerstvo, [8] pronounced [ˈʐiʋɔtɲeːˈpartɲerstʋɔ] ) [lower-alpha 1] between same-sex couples. Previously, bills to recognise same-sex civil partnerships had been defeated in 1997 and 2000. [10] In January 2008, activists met with Deputy Prime Minister Dušan Čaplovič to discuss proposed partnership legislation. Iniciatíva Inakosť also held a number of public discussions about registered partnerships throughout 2008. [11] During this time, the Green Party announced its support for registered partnerships for same-sex and opposite-sex couples. [12]

Slovakia 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 in Fedotova 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. [13] The ECHR issued similar rulings with respect to Romania in Buhuceanu, Ukraine in Maymulakhin and Markiv, and Bulgaria in Koilova and Babulkova. [14]

Failed attempts in 2012–2023

In March 2012, the Freedom and Solidarity (SaS) party announced that it would submit a draft law on registered partnerships. [15] The partnership bill was submitted to the National Council on August 23. It would have granted same-sex couples similar rights and obligations as married couples, including alimony, inheritance, access to medical documentation and the right to a widow's and widower's pension, but excluding adoption rights. [16] [17] On September 19, the ruling Direction – Social Democracy (Smer) party announced that it would vote against the bill, [18] which was later rejected by a 14–94 vote in November 2012. [19]

In August 2017, Deputy Speaker of the National Council Lucia Ďuriš Nicholsonová promised to re-submit draft legislation on registered partnerships to Parliament. [20] On 11 December 2017, following a meeting with Iniciatíva Inakosť representatives, President Andrej Kiska called for a public debate on the rights of same-sex couples. [21] That same day, SaS reiterated its intention to introduce a registered partnership bill. [22] SaS introduced its partnership bill to the National Council in July 2018. Under the proposed bill, partnerships would have been open to both same-sex and opposite-sex couples and would have granted couples several rights and benefits enjoyed by married couples, namely in the areas of inheritance and healthcare. [23] The bill was defeated in September 2018, with only 31 out of 150 lawmakers in support. [24]

In 2021, the Progressive Slovakia party introduced a life partnership bill, but it was rejected in a 7–67 vote in October 2021. [25] MP Tomáš Valášek reintroduced a life partnership bill in 2022, [26] but it was rejected in a 31–53 vote in October 2022. [27] [28] In August 2022, SaS introduced a cohabitation agreement bill to the National Council which would have granted couples various rights including co-ownership, inheritance, access to health documentation, the right to a widow's and widower's pension, and the right to nursing allowance. [29] [30] A vote on the legislation took place only a few days after a terrorist attack on a gay bar in Bratislava in October 2022, but it failed to gather the sufficient number of votes. The bill was supported by 50 MPs with 37 opposed, but failed as it required 76 votes to pass. President Zuzana Čaputová criticized the bill's defeat, saying, "We need to act. Our society is not threatened by the love of two people of the same sex or their partnership." [31] The Catholic Church opposed the legislation, and was widely criticized by civil society after Archbishop Ján Orosch said that the two victims of the terrorist attack were "steeped in immoral behaviour" and "should not have been referred to as innocent". [32]

In 2023, registered partnerships were opposed by most Slovak political parties represented in the National Council, including For the People, the Christian Union, People's Party Our Slovakia, Ordinary People and Independent Personalities, Direction – Social Democracy, and We Are Family. [33] [34] [35] Progressive Slovakia, Freedom and Solidarity, Voice – Social Democracy, [36] and some Smer members were in favour. [37] Another partnership bill was introduced to Parliament by SaS in April 2023, [38] but failed to pass before the September 2023 parliamentary election.

Court cases

In May 2023, a group of lawmakers filed a lawsuit with the Constitutional Court of Slovakia arguing that Parliament's failure to pass legislation recognizing same-sex couples is contrary to the Constitution as well as Slovakia's international obligations. [39]

Same-sex marriage

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.

Background

Slovakia has constitutionally banned same-sex marriage since 2014. Nevertheless, in 2022, the Žilina Regional Court ruled that immigration authorities' refusal to recognize the marriage of a Slovak national, Jakub Šanko de Ruiz, and his Argentine partner, Mariano Ruiz de Šanko, for the purposes of granting permanent residency to Ruiz de Šanko was unconstitutional. The court found that the refusal was unjustified discrimination based on sexual orientation, as well as a violation of the right to private and family life and preventing a Slovak citizen from returning to his home country. [40] [41]

The Progressive Slovakia party supports same-sex marriage. Ahead of the 2023 election, party leader Michal Šimečka said the party is "a strong backer of a human rights agenda including same-sex marriage". [42]

Constitutional amendment

In January 2014, the Christian Democratic Movement (KDH) announced that it would submit a draft law to prohibit same-sex marriage in the Slovak Constitution. [43] In February 2014, Minister of Culture Marek Maďarič said there were enough Smer MPs in favour of the constitutional ban for it to pass. [44] 40 MPs subsequently introduced a draft law to the National Council to ban same-sex marriage in the Slovak Constitution. [45] Prime Minister Robert Fico said that the governing Smer party would be willing to support the amendment in exchange for the opposition's support for an amendment introducing changes to the judicial system. [46] The bill passed its first reading in a 103–5 vote in March 2014. [47] The amendment would cause any future laws recognising same-sex marriage to be unconstitutional. [48] [49] The bill was passed with 102 MPs voting for and 18 against in June 2014. President Ivan Gašparovič signed it into law. [50] Article 41 now reads as follows: [51] [52]

Marriage is a unique union between a man and a woman. The Slovak Republic protects marriage in all of its aspects and supports its welfare. Marriage, parenthood and family are under the protection of the law. Special protection of children and juveniles is guaranteed. [lower-alpha 2]

2015 referendum

In December 2013, a conservative civil initiative group, the Aliancia za rodinu ("Alliance for the Family"), announced that it would push for a constitutional definition of marriage as "a union solely between a woman and a man". [53] The group intended to initiate referendums on several issues, and called for a ban on same-sex adoption and the prohibition of sex education in schools. They also suggested that other types of cohabitation should not be held equal to marriage between a man and a woman. [54] [55] The group also criticised Swedish company IKEA for its corporate magazine which featured two lesbians raising a son. [56]

By August 2014, the group had collected more than 400,000 signatures for a petition to hold a referendum on 4 questions: [57]

1. Do you agree that no other cohabitation of persons other than a bond between one man and one woman can be called marriage?
2. Do you agree that same-sex couples or groups shouldn't be allowed to adopt children and subsequently raise them?
3. Do you agree that no other cohabitation of persons other than marriage should be granted particular protection, rights and duties that the legislative norms as of 1 March 2014 only grant to marriage and to spouses (mainly acknowledgement, registration, or recording as a life community in front of a public authority, the possibility to adopt a child by the spouse of a parent)?
4. Do you agree that schools cannot require children to participate in education pertaining to sexual behaviour or euthanasia if their parents or the children themselves do not agree with the content of the education?

President Andrej Kiska asked the Constitutional Court to consider the proposed questions. [58] In October 2014, the Constitutional Court ruled that the third question was unconstitutional. [59] A referendum on the other three questions was held on 7 February 2015. All three proposals were approved, but the referendum was declared invalid due to insufficient turnout (21.07%). The referendum required a 50% turnout to be valid. [60] Opponents, including human rights activists, advised voters to boycott the referendum.

2018 European Court of Justice ruling

On 5 June 2018, the European Court of Justice ruled in favour of a Romanian-American same-sex couple who sought to have their marriage recognised in Romania so that the American partner could reside in the country. [61] The court ruled that European Union (EU) member states must recognise the freedom of movement and residency rights of same-sex spouses, provided one partner is an EU citizen. [62] [63] [64] The court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. In addition, the court ruled that the term "spouse" is gender-neutral and does not necessarily imply a person of the opposite sex. [61] [4] The Slovak Interior Ministry, led by Denisa Saková, announced immediate compliance with the ruling. [65] While the ruling was well received by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and other human rights groups, it was condemned by the Slovak Catholic Church. [66] [67]

Religious performance

The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [68] The Conference of Slovak Bishops issued a statement on 21 December calling the declaration "a gesture of the Church's attention to every person.", adding that "[t]he bishops will familiarize themselves with the document and, if necessary, will look for suitable forms in the context of the local Church". [69]

Other smaller Christian denominations, such as the Evangelical Church of the Augsburg Confession and the Reformed Christian Church, likewise do not perform same-sex marriages. However, "some of [their] clergy strive for a more inclusive approach", with ongoing discussions for pastoral care for LGBT individuals and their families in the Evangelical Church. [70]

Public opinion

Public opinion has shifted in Slovakia in the past few years, becoming more favourable to granting rights to same-sex couples. A 2008 poll commissioned by Iniciatíva Inakosť showed that 42% of Slovaks supported same-sex registered partnerships, while 45% were opposed. In addition, 47% supported "mutual maintenance duty among partners", 41% supported tax benefits, 45% supported spousal pensions for a deceased partner, 64% supported access to information about the medical condition of a partner, 54% supported the right to a day-off if the partner requires accompaniment to the doctor, 69% supported the right to bereavement leave, 58% supported the right to mutual inheritance, 55% supported the possibility to establish undivided co-ownership, and 58% supported the right to nursing benefits during care for a sick partner. According to a similar poll conducted in 2009, 45% of respondents supported same-sex registered partnerships, while 41% were opposed, and 14% were unsure. [71] Support for specific rights was higher, with 56% supporting the right of same-sex couples to jointly own property, 72% supporting access to medical information about the partner and 71% supporting the right to bereavement leave. [11]

A 2012 commissioned by Iniciatíva Inakosť showed that 47% of Slovaks supported registered partnerships, while 38% were opposed. Support for specific rights had also increased in comparison to 2009, with 57% supporting the right of same-sex couples to jointly own property, 75% supported access to medical information about the partner and 73% supporting the right to bereavement leave. [72]

The 2015 Eurobarometer found that 24% of Slovaks supported same-sex marriage, while 69% were opposed. EU-wide support was 61%. [73] At the same time, a poll conducted by FOCUS (Centrum pre sociálnu a marketingovú analýzu) the same year showed that 50% of Slovaks supported registered partnerships, while 35% were opposed. [74] A poll conducted in 2016 by the same polling organization showed that 40% of respondents supported partnrships, while 55% were opposed. The poll also showed that 27% of Slovaks were in favour of same-sex marriage and 20% were in favour of adoption by same-sex couples. [75]

According to a 2017 Pew Research Center poll, 47% of Slovaks supported same-sex marriage, while 47% opposed and 6% undecided. Among 18–34-year-olds, opposition to same-sex marriage was 42%. [76] The May 2019 Eurobarometer showed that 20% of Slovaks thought same-sex marriage should be allowed throughout Europe, while 70% were opposed. This was second lowest level of support in the European Union after Bulgaria, and significantly lower than the EU average of 69%. [77] A 2019 survey conducted by the AKO polling agency found that 57% of Slovaks were in favour of same-sex registered partnerships. [78] However, a FOCUS poll conducted the same year showed that only 30% of respondents supported registered partnerships, while 68% were opposed. 14.5% of respondents supported adoption by same-sex couples, while 83% were against. [79]

According to a 2022 Ipsos poll, 49% of Slovaks were in favour of same-sex civil partnerships and 39% were opposed. In addition, 32% supported same-sex marriage with 55% opposed, and 29% supported adoption by same-sex partners with 58% against. [80] The 2023 Eurobarometer found that 37% of respondents thought same-sex marriage should be allowed throughout Europe, while 56% were opposed. The survey also found that 47% of Slovaks thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 48% disagreed. [81]

See also

Notes

  1. Hungarian: bejegyzett élettársi kapcsolat, [9] pronounced [ˈbɛ.jɛɟzɛtːˈeːlɛtːaːrʃiˈkɒptʃolɒt] ; Rusyn: горожанськоє цимборенє, gorožans'koje tsimborenje
  2. In Slovak: Manželstvo je jedinečný zväzok medzi mužom a ženou. Slovenská republika manželstvo všestranne chráni a napomáha jeho dobru. Manželstvo, rodičovstvo a rodina sú pod ochranou zákona. Zaručuje sa osobitná ochrana detí a mladistvých.

Related Research Articles

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. Polling indicates that a significant majority of Belgians support the legal recognition of same-sex marriage. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands.

<span class="mw-page-title-main">Direction – Social Democracy</span> Slovak political party

Direction – Social Democracy, also commonly referred to as Smer, is a left-wing nationalist and left-wing populist political party in Slovakia led by the incumbent prime minister Robert Fico. The party identifies as social-democratic, and was described as a combination of "leftist economics and nationalist appeal".

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.

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 recognize same-sex unions, and may risk financial sanctions from the Council of Europe if it fails to change the law.

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

Poland does not legally recognize same-sex unions, either in the form of marriage or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights in regards to the tenancy of a shared household. A few laws also guarantee certain limited rights for unmarried couples, including couples of the same sex. Same-sex spouses also have access to residency rights under EU law.

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

Croatia recognizes life partnerships for same-sex couples through the Life Partnership Act, making same-sex couples equal to married couples in almost all of its aspects. The Act also recognizes and defines unregistered same-sex relationships as informal life partners, thus making them equal to registered life partnerships after they have been cohabiting for a minimum of 3 years. Croatia first recognized same-sex couples in 2003 through a law on unregistered same-sex unions, which was later replaced by the Life Partnership Act. The Croatian Parliament passed the new law on 15 July 2014, taking effect in two stages. Following a 2013 referendum, the Constitution of Croatia has limited marriage to opposite-sex couples.

The Czech Republic has offered registered partnerships for same-sex couples since 1 July 2006. Registered partnerships grant several of the rights of marriage, including inheritance, the right to declare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege, and alimony rights, but do not allow joint adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006. The country also grants unregistered cohabitation status to "persons living in a common household" that gives couples inheritance and succession rights in housing.

Same-sex marriage has been legal in Slovenia since 9 July 2022 in accordance with a ruling from the Constitutional Court of Slovenia. The court ruled that the ban on same-sex marriages violated the Constitution of Slovenia and gave the Parliament six months to amend the law to align with the ruling, although the decision took effect immediately after publication. The National Assembly passed legislation to align with the court ruling on 4 October 2022, which was vetoed by the National Council one week later, but the veto was then overridden by the National Assembly on 18 October 2022.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Slovakia face significant challenges not experienced by non-LGBTQ residents. The status of LGBT rights in Slovakia are regarded as some of the worst among the European Union countries.

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

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."

Same-sex marriage is legal in Aruba and Curaçao, two constituent countries of the Kingdom of the Netherlands, in accordance with a ruling from the Supreme Court of the Netherlands issued on 12 July 2024. In September 2021, a lower court in Curaçao ruled that preventing same-sex couples from marrying violates the equality provisions of the Constitution of Curaçao, but left the decision of whether to legalise same-sex marriage up to the Parliament of Curaçao. In December 2022, the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba ruled on appeal that Aruba's and Curaçao's same-sex marriage bans were unconstitutional. The court order was set to go into effect on 7 March 2023 if not appealed to the Supreme Court; however, the governments of both Curaçao and Aruba subsequently appealed. On 12 July 2024, the Supreme Court upheld the lower court ruling, effectively legalizing same-sex marriage in Aruba and Curaçao with immediate effect.

Latvia has recognised civil unions since 1 July 2024. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions conferring similar rights and obligations as marriage with the exception of adoption and inheritance rights. The bill was signed into law by President Edgars Rinkēvičs in January 2024, and took effect on 1 July 2024. This followed a ruling from the Constitutional Court of Latvia on 12 November 2020 that the Latvian Constitution entitles same-sex couples to receive the same benefits and protections afforded by Latvian law to married opposite-sex couples, and gave the Saeima until 1 June 2022 to enact a law protecting same-sex couples. In December 2021, the Supreme Court ruled that should the Saeima fail to pass civil union legislation before the 1 June 2022 deadline, same-sex couples may apply to a court to have their relationship recognized. The Saeima failed to meet this deadline, and the first same-sex union was recognized by the Administrative District Court on 30 May 2022.

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 first post-Soviet state, the twentieth country in Europe, and the 35th in the world to legalise same-sex marriage.

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>

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.

Cyprus has recognised same-sex unions since 9 December 2015. Legislation to establish civil cohabitations was introduced by the ruling Democratic Rally party, and approved by the Cypriot Parliament in a 39–12 vote on 26 November 2015. It was signed by President Nicos Anastasiades, and took effect on 9 December upon publication in the government gazette.

Same-sex marriage is currently not recognised nor performed in Bermuda, a British Overseas Territory, but it was legal between 2017 and 2022. However, marriages performed during that period remain valid.

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

Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.

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