Lithuania’s Justice Ministry said Tuesday that a European Union court ruling requiring member states to recognise same-sex marriages performed in other EU countries does not obligate Lithuania to legalise such unions under its own laws.
“The court emphasised that this obligation does not mean that national law must provide for same-sex marriage. The court reiterated that rules on marriage fall within the competence of member states. Member states also have discretion in deciding how to recognise such marriages,” the ministry said in a statement to BNS.
Justice Minister Rita Tamašunienė echoed that position, adding that Lithuania retains discretion over how it implements recognition if such an obligation arises.
The EU Court of Justice issued its ruling Tuesday after hearing a complaint from two Polish citizens who married in Germany and sought to have their marriage recognised in Poland, where same-sex marriages are not permitted.
The Lithuanian ministry said the ruling could apply to similar situations involving EU citizens married in other member states. “EU member states must recognise the legally acquired marital status in another member state to enable rights granted under Union law, such as freedom of movement and residence,” the ministry said.
Domestic response and legal uncertainty
Laurynas Šedvydis, chairman of the Lithuanian parliament’s Human Rights Committee, welcomed the decision but noted that its practical legal consequences in Lithuania remain unclear.
“Simply registering a marriage in the registry, without extensive legislative changes, does not alter much,” he said.
Šedvydis is advocating for adopting a civil partnership law, which would grant same-sex and opposite-sex couples legal recognition and protection similar to marriage. Under proposed legislation, partnerships would be registered agreements between two individuals living together, based on mutual responsibility, emotional bonds, and voluntary assumption of rights and duties. Adoption rights would not be included.
However, members of the ruling coalition, including the Lithuanian Farmers and Greens Union and the Christian Families Alliance – the current justice minister’s party – oppose legalisation of same-sex partnerships.
The issue follows a 2024 Constitutional Court ruling that the Seimas violated the constitution by failing for 24 years to enact legislation establishing a detailed legal framework for partnerships, which must include same-sex couples. Subsequently, in August, a Vilnius district court recognised a same-sex partnership for the first time.
Minister Tamašunienė said Lithuania currently faces a legal gap, as there is “no concept of same-sex cohabitation” in domestic law, making implementation of EU court rulings complex.
“Courts are making decisions on registering an entity that does not exist legally. This is a very complicated process that we are now addressing,” she said.
