Historical decision: Constitutional Court of Lithuania allows same-sex couples to register partnerships
Kyiv • UNN
The Constitutional Court of Lithuania has ruled that restricting partnerships to only between a man and a woman is unconstitutional. Same-sex couples will be able to register partnerships through the court until the Seimas passes a law.
The Constitutional Court of Lithuania has recognized as unconstitutional the provisions of the Civil Code, according to which partnership is allowed only between a man and a woman, as this contradicts constitutional principles. Therefore, the Constitutional Court of the country decided that same-sex couples in the country can also register their partnership by applying to the court. This was reported by UNN with reference to Delfi.
Details
The Civil Code of Lithuania has a section that defines cohabitation without marriage registration, which provides for partnership only between a man and a woman. Last spring, the government, then headed by Ingrida Šimonytė, appealed to the Constitutional Court with questions on this issue. According to the government, the Constitution protects all families, including same-sex couples, so the current provision is discriminatory and contradicts the constitutional principle of equality of persons. The Constitutional Court supported this position and recognized that this provision contradicts the Constitution.
Stereotypes that exist in society cannot be a constitutionally justified basis for denying or restricting the fundamental rights or freedoms of a particular person or group of them in a democratic state governed by the rule of law. Legal regulation conditioned by prejudice against same-sex couples would be incompatible with the Constitution, the concept of family arising from it, respect for human rights, dignity, as well as with the values of equality, pluralism and tolerance, which are characteristic of a democratic society
In addition, the Civil Code stated that the partnership must be registered in accordance with the procedure established by law, but the Seimas has not adopted the necessary laws for this for a long time.
Thus, the legislator reduces citizens' trust in the state and the law, does not ensure the requirements of legal certainty and legal security arising from the constitutional rule of law, and violates the principles of responsible governance
The Constitutional Court of Lithuania allowed same-sex couples to register partnerships through the court
So today, April 17, the Constitutional Court of Lithuania adopted a law according to which people will be able to apply to the courts to register their partnership, - said Constitutional Court Judge Daiva Petrilaitė after the announcement of the decision.
Until the adoption of the law, these people cannot be forced to wait and hope for something else. They will be able to defend their right to partnership, its recognition and registration individually through the courts. Until the Seimas adopts the law, the judicial path will remain
She added that the court did not find any constitutionally significant grounds for prohibiting the registration of partnerships between same-sex couples.
This is related to the right to family life, the right not only to legal recognition of such persons who create a joint life, this would be the first step, the second step would be legal protection of such persons. Legal protection is related not only to property issues, not to private aspects of married life, but also to issues of public law, tax legislation, health care and all other issues
The former chairman of the Constitutional Court is satisfied with this decision.
"I am glad that the path to recognition and protection of all families - including same-sex ones - is approaching its logical conclusion today. We should be grateful to everyone who accepted this idea, sincerely believed in it, and defended it. It is also pleasing that the Constitutional Court essentially confirmed all the arguments that managed to convince the representatives of the Government who appealed to the Constitutional Court," - wrote MEP Dainius Žalimas on Facebook.
The decision caused outrage
MEP Aurelius Veryga expressed outrage at the decision on Facebook, explaining that the Constitutional Court is rising above the Seimas with this decision.
"Why does Lithuania need a parliament if there is a Constitutional Court? It is already higher than both the parliament and the people who elect this parliament. It expands for itself the concept of family, making conclusions, equating everything that lives together with the family, then equating the concept of family with the concept of marriage, clearly defined in the Constitution, and then stating that politicians who adhere to national ideas about marriage and the family that arises from it, clearly defined in the Constitution, are limited by stereotypes, outdated, intolerant, etc.," - he wrote.
