The Lithuanian government has decided to turn to the Constitutional Court to find out whether the absence of the institution of same-sex partnerships does not run counter to the country’s basic law.
On Wednesday, ministers approved a resolution drafted by the Justice Ministry, asking the Constitutional Court to assess two provisions of the Civil Code and its enacting law.
The court is being asked to assess the constitutionality of the provision stating that only male-female partnerships are possible, as well as the fact that the Civil Code’s chapter regulating the conditions of cohabitation without marriage registration would only come into force once the partnership law is adopted.
“The legal regulation, according to which the exercise of the right of unmarried cohabitants to legal recognition and protection of their family life is dependent on the legislator’s discretion, is inconsistent with the constitutional principles of legitimate expectations and the rule of law,” the document reads.
“Such a legal regulation may not be introduced in such a way as to fail to protect the rights of persons established in the constitution, or to protect persons' legitimate expectations deriving from the constitution,” it adds.
Justice Minister Ewelina Dobrowolska told BNS earlier that the appeal was prepared after taking into account the case law of both Lithuanian courts and the European Court of Human Rights.
The resolution underlines that the constitution enshrines the principle of equality of persons and the prohibition of discrimination and that the state is also committed by the country’s main document to protecting and defending all families, in line with the constitutional concept of family.
The Freedom Party has been trying to pass a law on the legalisation of both same-sex and opposite-sex partnerships since the beginning of this parliament’s term.
In May 2023, the Lithuanian parliament gave its initial backing to the civil union bill by a margin of a few votes. However, the bill has not been submitted for adoption as the Freedom Party fears it will fail to get enough votes to pass.
The civil union bill states that partners in a civil union would be able to have shared assets but would also have the possibility of signing a separate agreement on the legal regulation of their assets. They would also get inheritance according to law and without inheritance taxes, have the possibility to act on each other’s behalf and interests, represent each other in healthcare, and have access to the partner’s health-related information.
Currently in Lithuania, both opposite and same-sex couples cannot register their partnerships.
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