Three couples are taking the Lithuanian state to court over its failure to legally recognize same-sex partnerships and marriages.
Same-sex couples are seeking the registration of a civil partnership, entry of a marriage concluded abroad into the civil register, and recognition and registration of a same-sex marriage in Lithuania.
“For a long time, it has been misinterpreted that the Lithuanian Constitution prohibits same-sex marriages, but this is a myth that we will try to dispel in court. Especially since more than half of the EU countries have already legalised same-sex marriages,” Aivaras Žilvinskas, the lawyer who is leading the case, was quoted in a statement issued on Tuesday.
“The court is being asked to recognise that the same-sex couples are families and to order the civil registry office to register a civil partnership in one case and a marriage in the other case,” he added.
Article 38 of the Lithuanian Constitution states that “Marriage shall be entered into by the free consent of a man and a woman”.
However, in 2019, the Constitutional Court ruled that Lithuania must grant a residence permit to a foreign man who married a Lithuanian man in another country, even though Lithuania does not allow same-sex marriages.
According to Žilvinskas, by refusing to recognise and register same-sex families, Lithuania is in breach of its international obligations.
The lawyer also noted that “the Lithuanian Constitution also establishes the equality of all persons before the law and the right of all persons to a family”.
Martynas Norbutas, one of the applicants in the marriage registration case, said that a court victory would give same-sex families legal security.
“First, marriage would give LGBTQ+ families equal protection and allow people to have peace of mind about their loved ones if something were to happen to them. Also, it is a way to express one's feelings and show commitment to one’s partner,” Norbutas said.
The Lithuanian state, represented by the Ministry of Justice, is the defendant in the cases.
In Lithuania, civil partnership is currently not legalised for either opposite or same-sex couples. Previous attempts to do so in parliament have been unsuccessful.
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