News2021.04.22 08:00

While Lithuania bickered, Estonia legalised civil partnerships – what lessons can it teach

Domantė Platūkytė, LRT.lt 2021.04.22 08:00

Proposals to introduce same-sex partnership in Lithuania have faced heavy opposition, with accusations of immorality and destruction of traditional values. Meanwhile, Estonia passed the Registered Partnership Act six years ago and may have something to teach its Baltic neighbours.

Gender-neutral partnership is regulated by law in 20 of 27 EU member states, while same-sex marriage exists in 13. In Lithuania, however, no form of recognition of same-sex couples exists.

Estonia was the first Baltic state to pass the partnership law in 2015. Since 2016, when the law took effect, the society‘s attitudes to LGBTQ+ people has seemingly changed.

According to the 2019 survey on LGBTQ+ rights conducted by the Estonian Human Rights Centre, Estonians generally view gender-neutral partnership positively, with 49 percent saying they support the law.

When asked whether they feel that legalising gender-neutral partnership is an important step in ensuring equality and human rights, 16 percent agreed and 25 percent were inclined to agree, while 17 percent disagreed and 12 rather disagreed.

Read more: Lithuania's religious leaders voice opposition to Istanbul Convention and same-sex partnership

Surveys show a change in response towards same-sex marriage as well. In 2012, 57 percent of respondents thought that legalising same-sex marriage would undermine opposite-sex marriage. By 2019, the number had decreased to 45 percent.

The Estonian Human Rights Centre notes that, while there is much more support now, the majority of Estonians simply do not have a firm opinion on the issue.

Partnership law mostly opposed by hardline Christians

Tarmo Juristo, founder of the non-governmental activist organisation SALK, says arguments used by opponents of gender-neutral partnership in Lithuania use similar arguments to those heard in Estonia back in 2014.

One of them was that same-sex partnership goes against traditional values. However, there was much less focus on Christian values in Estonia, where the Catholic Church does not enjoy as much influence as in Lithuania. According to Juristo, Estonians even resent too much religion in the public sphere.

Read more: The game is rigged against LGBT people, not their opponents – opinion

“In Estonia, the concern is expressed more in terms of traditional values,” says Juristo. “I know that the same arguments are used in Lithuania, but there they're bent towards ‘Christian values’ instead.”

Kadi Viik, editor of the feminist magazine Feministeerium, registered a civil partnership with her partner after the passing of the act.

“It is important to note that the partnership act does not only concern same-sex couples; anyone can enter into civil partnership if they do not want to get married,” notes Viik.

Partnership opponents also claim that “everyone will become gay, that such a partnership will destroy traditional values, or that children of same-sex couples will grow up to be homosexual”, says Viik. Other claims include children not having a true father or mother figure to look up to, or being bullied at school for who their parents are.

Viik believes that everything starts at home. “If you or your children won’t bully, there will be no bullying.”

No drop in birth rates

Partnership opponents also voiced concerns over the future of the nation, claiming that the already small Estonian population will shrink even more due to supposed decrease in birth rates.

“I keep repeating that children come not from heterosexual couples, but from a man and a woman,” says Tarmo Juristo. “[…]I, a heterosexual man, have two children, while my homosexual sister has three. She has done more for the Estonian population than I have.”

Juristo also notes that, according to 2014 data from EU member states, those that have legalised same-sex partnership or marriage tend to have higher birth rates.

While there may not be any causal link, says Juristo, it is also hard to find any data to support claims that same-sex partnership leads to decreasing birth rates.

“It is a fact that homosexual couples have children. Estonia had witnessed a baby boom among lesbian couples either through donor insemination or other methods. Both gay and lesbian couples are able to have children,” Kadi Viik agrees.

After Estonia passed the law, same-sex relationship debate lost much of its steam, says Tarmo Juristo. Still, there was a lingering narrative that the law was passed illegally.

“The majority of parliament members voted in favour of the act. That is how one passes any law, there were no secrets or conspiracies,” reassures Juristo.

Discussions regarding same-sex partnership in Estonia resurfaced following last year’s planned referendum on the definition of family. The referendum initiative, however, fell through after the governing coalition fell apart.

Baby steps of change

Tarmo Juristo believes that discussions about LGBTQ+ rights can only be won with lived experience rather than statistics. Change is achieved in baby steps.

“People see that nothing has changed, there are no gays having sex on every corner. That is when you take the next step,” says Juristo. “Of course, it will not change the opinion of these Christian radicals, […] but it can change the opinion of those still choosing a side. Their opinion can be influenced not by arguments, but by their personal experiences.”

“What will happen if you let homosexual couples get married? They will get married. That’s it. Nothing else will change.”

Kadi Viik notes that more and more people support same-sex partnerships since the law was passed, even if many still remain opposed to gay marriage.

Flaws in the law

Viik admits that the number of couples that have registered partnership has not been that high.

One of the reasons is that in order for the act to be fully effective, many other national laws and acts need to be amended. Absolute majorities in the parliament are needed to ratify the amendments, which the government coalition could not achieve.

As a result, couples in civil partnership still face obstacles when dealing, for example, with inheritance and similar financial matters.

“I think that this is what puts some couples off; you still have to go through court and the notary to solve all practical issues. That is why this act is still the object of debates,” says Viik. “When my partner and I were registering our partnership, the notary tried to convince us to just get married instead, as that would be easier. We had to fight for our decision to enter into a civil partnership.”

Read more: Lithuania's justice minister to push for gender reassignment law

LRT has been certified according to the Journalism Trust Initiative Programme

Newest, Most read