The Vilnius City District Court has recognised a same-sex partnership for the first time in Lithuania last week, a ruling that activists say could pave the way for dozens of similar cases now pending in the country’s courts.
Artūras Rudomanskis, chairman of the Tolerant Youth Association (TJA), said Monday that about 20 same-sex couples have similar cases awaiting rulings. “Since this ruling, we have been approached by some concerned people who wanted to learn how the litigation was done,” he told reporters. “Maybe there are more, but at least from what I could count, it’s around that number.”
Last Friday, the court upheld a request by two women to have their cohabitation recognised as a partnership and ordered the state to register their relationship. The case followed an April Constitutional Court decision that opened the door for gender-neutral partnerships to be recognised through the courts.
Aivaras Žilvinskas, the lawyer representing the couple, said the ruling’s key outcome is the granting of family status. “For the first time in history, the family status is recognised,” he said. “All those laws and regulations that talk about people being members of a family – economic and social benefits, allowances, support – automatically apply to these couples.”
The TJA called the ruling a milestone but stressed that the absence of legislation leaves couples in legal uncertainty. “We are happy that more people will be equal, but there is still a long way to go,” Rudomanskis said. “For people to be truly happy and feel equal, we need a functioning law-based system so we don’t have to go through the courts.”
Žilvinskas also said it is unfair that same-sex couples must seek recognition through litigation. “It can take several months, depending on the court’s availability. It’s not only a question of time, but also of cost and respect,” he said.\
In April, the Constitutional Court ruled that the Civil Code’s definition of partnership as a union only between a man and a woman is unconstitutional, as is the provision delaying legal recognition of cohabitation until a separate law is adopted. The decision allows courts to directly apply Civil Code provisions on partnerships, passed 24 years ago, until parliament establishes a detailed registration procedure.
Currently, Lithuanian law does not recognise civil partnerships for either opposite-sex or same-sex couples. Previous attempts to pass gender-neutral partnership legislation have failed in parliament.
Justice Minister Rimantas Mockus has said lawmakers could begin debating a new partnership bill, being drafted by the ministry, during the autumn session.
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