The Constitutional Court on Tuesday is starting to examine the former government’s request to look into whether the absence of a same-sex partnership institution in Lithuania is in line with the country’s fundamental law.
The case is set to be examined via written procedure, the court said on Monday.
In its petition, the former government asked the Constitutional Court to assess two provisions of the Civil Code and its enacting law.
The former government questioned whether it is constitutional that the Civil Code allows partnerships only between a man and a woman, and that the section on cohabitation without marriage will take effect only after a partnership law is passed.
The petition filed by the former conservative-liberal government – that included the conservative Homeland Union (TS-LKD), the Liberal Movement, and the Freedom Party – argues that the Civil Code provision allowing only opposite-sex partnerships to be registered under the law violates the constitutional principle of equality, discriminates against same-sex couples who have effectively formed family relationships, and violates their constitutional rights to legal protection of dignity and private life.
It also argues that this situation breaches Lithuania’s international commitments.
The petition also argues that this issue “cannot be left solely to the discretion of the legislature”.
Currently, Lithuanian laws do not recognise either opposite-sex or same-sex civil partnerships. However, the Civil Code makes reference to civil partnership to be enacted in future legislation.
Bills to introduce same-sex partnership in one form or another have so far failed to pass the parliament.
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