The institution of partnership, as now defined in Lithuania's Civil Code, is unconstitutional because it only provides for a union between a man and a woman, excluding same-sex relationships, the country’s Constitutional Court ruled on Thursday.
"Article 3.229 of the Civil Code, insofar as it allows only a partnership between a man and a woman, runs counter to the Constitution," said Gintaras Goda, president of the Constitutional Court.
The court also said that requiring a separate law to legalise civil partnerships ran counter to the constitution.
The Seimas moved to formalise civil partnerships for male-female couples in the early 2000s but failed to adopt it into law.
Lithuania currently does not recognise any form of civil partnerships.
A civil union bill, which would recognize same-sex partnerships, passed two readings in the previous parliament. However, it was not put to a final vote due to a lack of support.
‘Legal uncertainty’
The ruling means that people in Lithuania will be able to register gender-neutral partnerships by turning to the courts, the Constitutional Court said.
It also ruled that the parliament must adopt a law on registering civil partnerships.
"The failure to adopt such a special law within a reasonable period of time, [...] has created legal uncertainty and insecurity,” the court said, adding that the two-decade delay has “violated the principle of responsible governance."
In its ruling, the court said that stereotypes existing in society cannot be the grounds for denying or restricting fundamental rights or freedoms.
"A legal framework based on prejudice against, inter alia, same-sex couples would be incompatible with the Constitution, including the concept of the family derived from it, respect for human rights and dignity, as well as the values of equality, pluralism and tolerance inherent in a democratic society," the court said.
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