Recognition of same-sex unions in Ukraine

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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. [1] [2]

Contents

In August 2022, President Volodymyr Zelenskyy said his government was working on passing a civil partnership law that would provide same-sex couples with some of the rights and benefits of marriage. [3] A petition in support of civil partnerships was submitted to the Verkhovna Rada in April 2023. [4] [5] In May 2023, Zelenskyy said that the Ministry of Justice was working on introducing partnership legislation. [6] [7] Polling suggests that a majority of Ukrainians support the legal recognition of same-sex registered partnerships. [8] [9] [10] [11] Ukraine is also obliged to introduce a same-sex union law under a June 2023 ruling by the European Court of Human Rights. [12]

Background

Article 51 of the Constitution of Ukraine, adopted by the Verkhovna Rada (the Parliament of Ukraine) in 1996, states: "Marriage is based on the free consent of a woman and a man. Each of the spouses has equal rights and duties in the marriage and family." [13] In June 2018, the Ministry of Justice said that "there is no legal grounds" for same-sex marriage in Ukraine. [14] The wording of Article 51 is interpreted as banning same-sex marriage; however, Olha Sovgirya, a justice of the Constitutional Court of Ukraine, believes that the Constitution does not prohibit same-sex marriage, arguing that the "emphasis in Article 51 is on the freedom of marrying a member of the opposite sex, and not on the fact that the parties should be of different sexes." [15]

Civil partnerships

2015 action plan

On 23 November 2015, the Government of Ukraine approved an action plan to implement a "National Strategy on Human Rights" in the period up to 2020, which included the promise of drafting a bill creating civil partnerships for opposite-sex and same-sex couples by 2017. [16] [17] [18] However, in early 2018, the Ministry of Justice, led by Pavlo Petrenko, stated that "the development and submission to the government of a draft law on the legalization of a registered civil partnership in Ukraine cannot be implemented" due to "numerous appeals from the regional councils, the Council of Churches and other religious organizations". [19]

2022 petition

Laws regarding same-sex partnerships in Europe1 .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} 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.

On 3 June 2022, an online petition was launched on the official website of the President of Ukraine calling for the legalization of same-sex marriage. Citing the Russian invasion of Ukraine, the text of the petition stated: "At this time, every day may be the last. Let people of the same sex have the opportunity to start a family and have an official document confirming this. They need the same rights as traditional couples." Oksana Solonska, the media communications manager of Kyiv Pride, said, "It is important that LGBTQ people have the right to see their partner and take their body from the morgue, and seek compensation if needed. All married couples have these rights. We really hope that same-sex marriage will be legalised, so people will be able to take care of each other." The petition quickly gained signatures, and by 13 July, the petition had gathered more than 28,000 signatures. Any petitions that gather more than 25,000 signatures automatically trigger the president's consideration. [20]

On 2 August 2022, President Volodymyr Zelenskyy issued an official response to the petition. Zelenskyy said it would be impossible to legalize same-sex marriage without an amendment to the Constitution of Ukraine, and that "[t]he Constitution of Ukraine cannot be changed during martial law or a state of emergency". "The Family Code of Ukraine defines that the family is the primary and main unit of society. A family consists of persons who live together, are connected by common life, have mutual rights and obligations. According to the Constitution of Ukraine, marriage is based on the free consent of a woman and a man (Article 51)", [3] Zelenskyy wrote. However, Zelenskyy said that his government would work on a bill to legalize civil partnerships in Ukraine. "In the modern world, the level of democratic society is measured, among other things, through state policy aimed at ensuring equal rights for all citizens. Every citizen is an inseparable part of civil society, he is entitled to all the rights and freedoms enshrined in the Constitution of Ukraine. All people are free and equal in their dignity and rights." [21] He called on Prime Minister Denys Shmyhal to address the issue. [22] Shmyhal instructed the Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Social Policy to consider the issues raised in the petition. Ukraine 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. [23]

The Russo-Ukrainian War has spurred efforts within the military to legalize same-sex unions, because the partners of gay soldiers are not afforded the same rights and privileges as opposite-sex partners, "although they are fighting just as bravely as their fellow straight combat troops". A soldier in the Donbas said, "When we defend the country, we dismantle Russian propaganda about all gay people being communists, Marxists, and anti-Ukraine. We have destroyed these homophobic myths by fighting the Russians and risking our lives for Ukraine." [24] In August 2023, two women, Stanislava Petlysia and Alina Shevchenko, held a symbolic same-sex wedding ceremony in Kharkiv to protest the lack of legal recognition of same-sex relationships. [25] [26]

Introduction of legislation in 2023

Same-sex couples do not have a right to inheritance, hospital visitations or to make medical decisions for an ill partner. "If [my] (partner) dies ... [I] won't be allowed even to bury [him] ... they might not let [me] into the hospital", said a cadet specialising in aerial reconnaissance who had joined the Armed Forces of Ukraine in the wake of the Russian invasion. LGBT groups described Zelenskyy's statement as "historic", and called on a bill to be passed as soon as possible: "People need this now", said Olena Shevchenko. [27] The introduction of civil partnerships (Ukrainian : цивільне партнерство, cyvílʹne partnérstvo, pronounced [tseˈʋ⁽ʲ⁾ilʲnepɐrtˈnɛrstwɔ] ) [a] would allow same-sex couples to enjoy some of the rights and benefits of marriage, including property rights, maintenance, inheritance, and spousal privilege, among others. MP Inna Sovsun said she was considering introducing her own civil union bill to Parliament should the government fail to do so. [15] Sovsun introduced a civil partnership bill with 18 cosponsors in March 2023. [29] The bill passed two parliamentary committees with unanimous support in May. [30] A petition in support of registered partnerships was submitted to Parliament in April 2023 with 25,000 signatures. [4]

In May 2023, Zelenskyy said that the Ministry of Justice was working on introducing its own partnership bill. [6] [7] The Ministry gave final approval to a draft civil union bill on 22 October 2023, [31] and the government vowed to approve the bill by the end of 2023. [32] [33] Conservative politician Andriy Kozhemiakin of the Batkivshchyna party told Parliament in June 2023 he supported the bill because "If it will never exist in Russia, it should exist and be supported here." [34] However, the bill has stalled due to opposition from members of the Legal Affairs Committee. [35] In August 2024, the Committee on National Health, Medical Care and Medical Insurance recommended the Parliament to pass the bill. [36] [37]

Maymulakhin and Markiv v. Ukraine

On 1 June 2023, the European Court of Human Rights (ECHR) ruled in Maymulakhin and Markiv v. Ukraine that the Ukrainian Government had violated the human rights of a same-sex couple, Andriy Maymulakhin and Andriy Markiv, by denying them a marriage license. The couple had been denied a license at seven registry offices in Kyiv in October 2014, and challenged the refusal at the ECHR in November 2014. [38] The ECHR has also issued similar rulings with respect to Russia in Fedotova and Others , and Romania in Buhuceanu and Others. [39] The court ruled that Article 8 (right to respect for private and family life) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights require the government to recognise same-sex unions: [12]

As a result, same-sex couples were denied any opportunity to regulate fundamental aspects of life as a couple except certain property-related aspects, and then only as private individuals entering into contracts under the ordinary law. The Court has already held that such private contractual agreements cannot be considered to give recognition and the required protection to a couple, as they are limited in scope and fail to provide for basic rights. In general, there was no possibility for a same-sex couple to rely on the existence of their relationship in dealings with the judicial or administrative authorities, as regards, for example, the right to joint matrimonial property, the right to inheritance by law, the right to receive visits from the partner in the event of hospitalisation, the right to refuse to testify against one another, the right to adoption, and the right to social assistance and benefits for low-income families. It followed that Mr Maymulakhin and Mr Markiv had been treated differently from opposite-sex couples on account of the lack of any legal recognition and protection for them. Their sexual orientation had been the sole basis for the difference in treatment.

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. [40] The Conference of Roman Catholic Bishops in Ukraine issued a statement that it saw a "danger in ambiguous wording that causes divergent interpretations among the faithful". "What we missed in the document is that the Gospel calls sinners to conversion, and without a call to leave the sinful life of homosexual couples, the blessing may look like an endorsement." The Ukrainian Greek Catholic Church, in full communion with the Holy See, announced it would not bless same-sex couples. Major Archbishop Sviatoslav Shevchuk said the declaration "has no legal force for the faithful of the Ukrainian Greek Catholic Church". [41] [42]

Public opinion

Russia's invasion of Ukraine in 2022 has bolstered support for the recognition of same-sex unions in Ukraine. Surveys by Nash Svit for the Kyiv International Institute of Sociology showed that opposition to same-sex civil unions had decreased from 69% in 2016 to 42% in 2022. Jul Sirous, a coordinator for volunteers and teamwork at Kyiv Pride, said, "[People are] now looking at some things in a completely different light because compared to the fact that a person might be gone tomorrow, the fact that they are gay or a lesbian – we're not paying attention to that." [27] [43]

A 2022 poll conducted by the Center for Social Expertise of the Institute of Sociology at the National Academy of Sciences of Ukraine showed that 27% of Ukrainians supported same-sex marriage and 26% supported it with "some exceptions", meaning that 53% supported the recognition of same-sex unions in some form. This represented a large increase from 2016 when 33% of the population supported recognising same-sex unions. [44]

According to a poll conducted in January 2023 by the National Democratic Institute with the help of the Kyiv International Institute of Sociology, 56% of Ukrainians agreed that same-sex partners should have the right to register their relationship in the form of a civil partnership, while 24% disagreed. In addition, 44% of Ukrainians supported same-sex marriage, while 36% were opposed, and 30% supported adoption by same-sex couples, while 48% were against. [45] According to a June 2024 survey by the Kyiv International Institute of Sociology, 29% of respondents said they supported civil partnerships for same-sex couples without the possibility to adopt, while 36% were opposed and 26% were "indifferent". [46]

See also

Notes

  1. ↑ Russian: гражданское партнёрство, graždánskoje partnjórstvo, pronounced [ɡrɐʐˈdanskəjəpɐrt⁽ʲ⁾ˈnʲɵrstvə] ; [28] Crimean Tatar: vatandaş ortaqlıq, pronounced [vɑtɑnˈdɑʃortɑqˈlɯq]

Related Research Articles

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

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, 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.

Poland does not legally recognize same-sex marriages or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights with regard to the tenancy of a shared household. A few laws also guarantee certain limited rights to cohabiting couples, including same-sex couples. Same-sex spouses of European Union citizens also have access to residency rights under a June 2018 ruling from the European Court of Justice.

<span class="mw-page-title-main">LGBTQ rights in Ukraine</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ukraine face significant challenges not experienced by non-LGBTQ individuals; historically, the prevailing social and political attitudes have been intolerant of LGBTQ people, and strong evidence suggests this attitude remains in parts of the wider society. Since the fall of the Soviet Union and Ukraine's independence in 1991, the Ukrainian LGBTQ community has gradually become more visible and more organized politically, organizing several LGBTQ events in Kyiv, Odesa, Kharkiv, and Kryvyi Rih.

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. 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.

Marriage in Israel is regulated by the religious courts of recognized confessional communities, none of which perform inter-faith or same-sex marriage. Domestic civil marriage is not recognized in Israel; however, civil marriages performed in foreign jurisdictions, including same-sex marriages, are recognized with full marital rights under Israeli law.

<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.

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.

Moldova does not recognize same-sex marriage or civil unions. The Constitution of Moldova defines marriage as being between "a husband and a wife".

North Macedonia does not recognize same-sex marriages or civil unions. A constitutional amendment to ban same-sex marriage failed in 2015.

Montenegro has recognised same-sex unions since 15 July 2020. In July 2020, the Parliament of Montenegro passed a bill by 42 votes to 5 to recognise life partnerships offering several, but not all, of the rights and benefits of marriage. The bill was signed into law on 3 July by President Milo Đukanović, took effect on 15 July 2020 and became fully operational one year later. The first life partnership was registered on 25 July 2021.

South Korea does not recognize same-sex marriage or civil unions. On 21 February 2023, an appellate court ruled that government health insurance should offer spousal coverage to same-sex couples, the "first legal recognition of social benefits for same-sex couples" in South Korea. This was upheld by the Supreme Court of Korea on 19 July 2024.

<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.

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

The Philippines does not legally recognize same-sex unions, either in the form of marriage or civil unions. The Family Code of the Philippines defines only recognizes marriages between "a man and a woman". The 1987 Constitution itself does not mention the legality of same-sex unions or has explicit restrictions on marriage that would bare same-sex partners to enter into such arrangement.

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