2015 Slovenian same-sex marriage referendum

Last updated
2015 Slovenian same-sex marriage referendum
Flag of Slovenia.svg
20 December 2015

Are you in favor of the Law on Amendments and Additions to the Marriage and Family Status Act, which the National Assembly adopted in the session of 3 March 2015?
Results
Choice
Votes %
Check-71-128-204-brightblue.svg Yes226,65136.49%
Light brown x.svg No394,48263.51%
Valid votes621,13399.62%
Invalid or blank votes2,3560.38%
Total votes623,489100.00%
Registered voters/turnout1,714,05536.38%

Slovenian same-sex marriage referendum 2015.png
Results by constituencies

A referendum on a bill legalising same-sex marriage was held in Slovenia on 20 December 2015. The bill was rejected, as a majority of voters voted against and the votes against were more than 20% of registered voters.

Background

On 3 March 2015 the National Assembly passed a bill defining marriage as a "union of two" instead of a "union of a man and a woman." [1] Conservative opponents of the law, including a group called Children Are At Stake, gathered enough signatures to force a referendum on the issue, hoping to block same-sex marriage. [2] [3] On 26 March, the National Assembly voted to block the referendum on the ground that it would violate the constitutional provision which prohibits popular votes on laws eliminating an unconstitutionality in the field of human rights and fundamental freedoms. [4] The proponents of a referendum appealed to the Constitutional Court, which on 22 October declared that the National Assembly does not have the ability to declare a referendum unconstitutional. [5] [6] The National Assembly thus on 4 November scheduled a referendum to be held on 20 December 2015. [7] Per article 90 of the Constitution a law is rejected if "a majority of voters who have cast valid votes vote against the law, provided at least one fifth of all qualified voters have voted against the law". A minimum of 343,104 voters (which makes up 20% of about 1.7 million registered voters) are required to cast a valid "no" vote for the result of the referendum to be valid. [8]

In a 2012 referendum, 54.55% of voters rejected a law that would have expanded rights for same-sex registered partnerships. [9]

Slovenian Catholic groups, and Pope Francis urged a "no" vote. [10] [11] A number of EU politicians, including Violeta Bulc called for a "yes" vote. [8] All parties in Parliament except SDS and NSi supported a 'Yes' vote.

Opinion polls

A poll conducted by Delo Stik in February 2015 showed that 51% of Slovenians supported the bill, which was debated in the National Assembly at the time, while 42% were against. [12]

Another poll conducted by Ninamedia in March 2015 showed that 42% of respondents supported the new law, while 54% opposed. Support was highest among those younger than 30, and in the Slovene Littoral region. [13]

A poll from November 2015 showed that 46% of respondents supported and 54% opposed the bill. The poll suggested a strong division between different groups. While most women, atheists and residents of urban areas supported the bill, a significant majority of men, Catholics and rural population opposed it. The poll also suggested a low turnout and the possibility that the result would be non-binding. [14]

PublishedPolling organisation/ClientForAgainstUndecided / none
18 Dec Ninamedia 40%48%12%
16 Dec Episcenter 48%51%-
16 Dec Delo 43%40%17%
30 Nov Večer 48%46%6%
30 Nov Delo 42%41%17%
22 Nov Episcenter 46%54%-
30 May Eurobarometer 54%40%6%
14 Mar Ninamedia 42%54%4%
16 Feb Delo 51%42%7%

Results

Early voting began on Tuesday 15 December 2015 and continued for the two following days. Results were released on Sunday 20 December 2015 after all polls closed. [8] The bill was rejected by a majority of those who voted and a sufficient number of "no" votes were cast (more than 20% of all registered voters) thus fulfilling both constitutional requirements for a binding result. [15]

ChoiceVotes%
For226,65136.49
Against394,48263.51
Total621,133100.00
Valid votes621,13399.62
Invalid/blank votes2,3560.38
Total votes623,489100.00
Registered voters/turnout1,714,05536.38
Source: DVK

Aftermath

The parliament is obliged by the result for one year and cannot propose similar legislation in that period. Initiators of the referendum suggested that they will not oppose legislation which would expand social rights for same-sex unions as long as it does not include adoption rights and redefinition of marriage. [16] Supporters of the defeated bill expressed their disappointment over the result and suggested that a number of 'yes' voters clearly decided to boycott the referendum. Same-sex marriage was however legalized by courts, with immediate effect, in July 2022. [17]

Inaccessible polling places dispute

Before the referendum, two voters with disabilities requested that the authorities make their polling places accessible. [18] Their requests were denied, and the courts rejected their lawsuits and appeals. In 2019, together with the Slovenian Disability Rights Association (Drupis), they submitted applications to the European Court of Human Rights. [19] In January 2020, the Court communicated the cases with the government of Slovenia. [20] As of January 2020, the cases, called Toplak v. Slovenia and Mrak v. Slovenia, are ongoing.

See also

Related Research Articles

<span class="mw-page-title-main">Recognition of same-sex unions in Croatia</span> Legal recognition of interpersonal relationships between individuals of the same gender in Croatia

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 Slovenian 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 on 4 October 2022, which was overridden by the National Council one week later, but reconfirmed with a final vote in 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 legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Slovakia, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. While Slovakia grants same-sex couples limited legal rights, namely in the area of inheritance, the country does not recognize same-sex marriage or civil unions as of 2023. Slovakia, unlike its neighbour, the Czech Republic, holds more conservative views on issues dealing with LGBT rights.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Slovenia have significantly evolved over time. Slovenia was the first post-communist and remains the only Slavic country to have legalised same-sex marriage.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. Twenty of the 35 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.

Same-sex marriage has been legally recognized in Rhode Island since August 1, 2013. The state had authorized a limited form of domestic partnerships from 2002 to 2011 and the formation of civil unions from 2011 until the state began recognizing same-sex marriages in 2013. Rhode Island was the last state in New England to legalize same-sex marriage.

Slovakia does not recognise same-sex marriage or civil unions. In addition, the Constitution limits marriage to opposite-sex couples. Bills to recognise same-sex partnerships were introduced several times, in 1997, in 2000, in 2012, in 2018, in 2021 and in 2022 but were all rejected.

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

<span class="mw-page-title-main">2009 Washington Referendum 71</span> LGBT rights referendum

The 2009 Washington Referendum 71 (R-71) legalized domestic partnership in Washington state, the first statewide referendum in the United States that extended to LGBT people the rights and responsibility of domestic partnership. The bill had passed State Legislature, and it was signed into law by the Governor in May 2009, but opponents gathered enough signatures to put the measure before the voters, who returned ballots by mail over three weeks ending on November 3, 2009, approving the measure 53% to 47%. The new law went into effect 30 days later, on December 3, 2009.

A referendum was held in Slovenia on 25 March 2012 on the new family code passed by the then-governing coalition led by Borut Pahor. The code was rejected with 54.55% of voters against the law.

<span class="mw-page-title-main">2012 Maine Question 1</span> Referendum on same-sex marriage

Maine Question 1 was a voter referendum on an initiated state statute that occurred on November 6, 2012. The referendum was held to determine whether or not to legalize same-sex marriage. The referendum passed with a 53-47% vote legalizing same-sex marriage in Maine.

<span class="mw-page-title-main">2012 Washington Referendum 74</span>

Referendum 74 was a Washington state referendum to approve or reject the February 2012 bill that would legalize same-sex marriage in the state. On June 12, 2012, state officials announced that enough signatures in favor of the referendum had been submitted and scheduled the referendum to appear on the ballot in the November 6 general election. The law was upheld by voters in the November 6, 2012 election by a final margin of 7.4% and the result was certified on December 5.

<span class="mw-page-title-main">2012 Maryland Question 6</span> Maryland same-sex marriage referendum

Question 6 is a referendum that appeared on the general election ballot for the U.S. state of Maryland to allow voters to approve or reject the Civil Marriage Protection Act—a bill legalizing same-sex marriage passed by the General Assembly in 2012. The referendum was approved by 52.4% of voters on November 6, 2012 and thereafter went into effect on January 1, 2013.

<span class="mw-page-title-main">Voice for Children and Families</span> Slovenian political party

The Voice for Children and Families is a right-wing Slovenian political party. The party was founded on 25 March 2017 by Aleš Primc and Metka Zevnik as an electoral arm of a movement of which they are also leaders of, the Movement for Children and Families, the initial purpose of which was to overturn a law passed by the National Assembly which would recognize same sex marriage in the Republic of Slovenia.

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.

A referendum on a law governing the Divača-Koper rail upgrade was held in Slovenia on 24 September 2017. The referendum was marked by a low turnout; a majority of voters voted in favour of the proposed law. The results were annulled by the Supreme Court in March 2018, resulting in a new referendum being held in 13 May 2018.

<span class="mw-page-title-main">2019 European Parliament election in Slovenia</span> 2019 election of members of the European parliament for Slovenia

2019 European Parliament elections were held in Slovenia on 26 May 2019. This was the most recent in the series of four elections held over the period of two years.

Slovenian Disability Rights Association is a disability rights organization in Slovenia. Its goals are to enhance the implementation of the Convention on the Rights of Persons with Disabilities and to assist persons with disabilities through awareness raising and impact litigation. Drupis was founded in 2012.

The recognition of same-sex unions varies by country.

References

  1. "Slovenia says No to gay marriage". POLITICO. 20 December 2015.
  2. "Zakon o spremembah in dopolnitvah Zakona o zakonski zvezi in družinskih razmerjih". pisrs.
  3. (in Slovene) Pobudniki referenduma so zbrali 48.146 podpisov
  4. "MPs Vote to Ban Gay Marriage Referendum". 27 March 2015.
  5. (in Slovene) Koalicija Za otroke gre bo nocoj oddala ustavno pritožbo Archived 2015-04-09 at the Wayback Machine
  6. "Slovenia court allows referendum on halting gay marriage". Archived from the original on 2015-12-08.
  7. "Slovenia to hold gay marriage vote in December". 4 November 2015.
  8. 1 2 3 Ryan Heath (15 December 2015). "Slovenia launches vote on gay marriage". Politico Europe.
  9. "Family Law Struck Down". 26 March 2012.
  10. "Pope backs family values in Slovenia ahead of gay marriage vote". 6 October 2022.
  11. Agence France-Presse (17 December 2015). "Pope backs family values in Slovenia ahead of gay marriage vote".
  12. "Večina podpira istospolne poroke, do posvojitev je zadržana". RTV Slovenia (in Slovenian). 16 February 2015. Retrieved 16 February 2015.
  13. (in Slovene) Izenačitev pravic raznospolnih in istospolnih parov po anketi podpira 42 odstotkov vprašanih, 54 jih temu nasprotuje
  14. Rok Atelšek. "Na referendumu bi zmagala Aleš Primc in Metka Zevnik". Planet Siol.net. Archived from the original on 2015-12-25. Retrieved 2015-11-23.
  15. "Slovenia rejects same-sex marriage in a referendum". Reuters. 20 December 2015.
  16. "Koalicija Za otroke gre napoveduje nov zakon, Primc vstopa v politiko".
  17. "Slovenia Legalises Same-Sex Marriage, Adoptions". Total Slovenia News. Archived from the original on 2022-07-09. Retrieved 2022-07-08.
  18. "STA: Disabled take Slovenia to Human Rights Court over polling stations accessibility". english.sta.si. Retrieved 2020-01-14.
  19. "STA: Disabled take Slovenia to Human Rights Court over polling stations accessibility". english.sta.si. Retrieved 2020-01-14.
  20. "HUDOC - European Court of Human Rights". hudoc.echr.coe.int. Retrieved 2020-01-14.