Lithuania’s Constitutional Court has ruled that the country’s failure to legally recognise same-sex partnerships is unconstitutional, delivering a landmark decision in the fight for LGBTQ rights in the Baltic state.
In its Thursday ruling, the court said that while Parliament has yet to establish a legal framework for registering partnerships, same-sex couples may now seek recognition through the courts. Lawmakers remain divided over whether the issue can be resolved during the current legislative term, and what form such a partnership law should take.
The decision was welcomed by advocates and couples who have long fought for recognition. Among them is Martynas Norbutas, a former deputy environment minister under the 2016–2020 government – led by the socially conservative Farmers and Greens Union – who married his partner in Belgium last year after 16 years together.
“After exhausting all domestic legal avenues, and once the case was registered at the European Court of Human Rights in Strasbourg, we finally got married in Belgium, where I was working at the time,” Norbutas said.
The Constitutional Court found that the state has unjustifiably delayed enacting civil code provisions that would regulate partnerships – and that existing principles in the code conflict with the Constitution.
“In other words, the Constitutional Court has said the prohibition on same-sex couples entering into partnerships is discriminatory,” said Constitutional Court Justice Daiva Petrylaitė. “The court found no constitutionally significant or justifiable reason why the partnership institution could not be extended to include same-sex couples.”
Norbutas called the ruling a long-awaited breakthrough: “It’s overwhelming emotionally – finally, after so many years of struggle, there is progress in Lithuania. And that matters deeply to every person.”
The clarification was sought by a previous government, though only one former ruling coalition member attended the decision’s announcement. Freedom Party chair Tomas Vytautas Raskevičius called it “a very good day”.
“Today, Lithuania became a safer and fairer country for all its people,” he said.
The court instructed Parliament to resolve the legal vacuum “within a reasonable time”. But what constitutes reasonable is now a matter of political debate.
“I think that reasonable time should mean within this parliamentary term,” said Laurynas Šedvydis, social democratic MP and chair of the Parliament’s Human Rights Committee.
Speaker of the Parliament Saulius Skvernelis agreed that passing legislation is possible before the next election – depending on the scope of the law.
“I don’t see major risks in terms of the law’s core content,” he said. “As for related sensitive issues, like adoption, those should be regulated separately.”
Not all lawmakers believe this parliament will deliver. Ignas Vėgėlė criticised the state’s inaction on partnerships as “shameful,” but emphasised boundaries.
“Adoption, shared parenting, and the definition of family remain matters of political discretion,” he said.
Public opinion remains divided. Some citizens expressed conditional support for same-sex unions but objected to adoption rights, while others voiced firm opposition or acceptance.
“I’m not against it, but I wouldn’t want them adopting children – that’s all,” one woman told LRT.
“If it’s good for them and doesn’t bother others, then fine,” a man said.
“I’m completely against it. I support traditional families,” said another respondent.
“When I was growing up, two women lived across the street. No one raised an issue. Same with two men. I think it’s just people’s choice,” another interviewee recalled.
Remigijus Žemaitaitis, head of the Nemunas Dawn faction in the ruling coalition, said the decision could shock a significant portion of the public who support traditional family values.
“We’ve always agreed to disagree,” added Laurynas Kasčiūnas, chair of the conservative Homeland Union. “Each MP will vote according to their own worldview.”
Some politicians hope to implement the court’s ruling through a conservative “close relationship” law – covering legal aspects of partnership – which would not be exclusive to romantic relationships – without reference to family.
But Raskevičius emphasised that the Constitutional Court made its position clear.
“The court unambiguously said that same-sex couples are families – and that the law must recognise not only their property and financial relations but also their family lives.”
Prime Minister Gintautas Paluckas noted that the court does not pass legislation – and now it is up to the parliament, Seimas, to act.
“The realisation of this ruling is in the hands of the parliament,” he said.
Until legislation is adopted, the court added, same-sex couples may individually petition courts to have their partnerships formally registered.
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