Recognition of same-sex unions in Estonia

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Notes

*NH marriage and Austrian civil union laws are effective 1 January 2010

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Civil union
Domestic partnership
Registered partnership
Listings by country

LGBT portal

There is currently no legal recognition of either same-sex marriage or civil unions in Estonia. However, the launch of a new Family Law proposal by the Estonian Ministry of Justice, which explicitly declared marriage to be an institution between a man and a woman, provoked a public debate on this issue starting from December 2005. The public debate was called by the Ministry of Social Affairs, which said it had reservations about the draft law.

The public debate brought about a significant response from LGBT rights groups, which opposed the Family Law proposal and urged the government to not discriminate between same-sex and heterosexual couples in marriage, stating that, "We call on the government to drop a clause in the draft law on the family, which does not allow the registration of same-sex marriages or partnerships". On January 4, 2006, five Estonian NGOs supporting gay rights issued a press release asking for the government to draft a new partnership law that would give same-sex couples equal rights with heterosexual couples.[1]

On the other hand, various conservative politicians claimed that Estonia was not yet ready for same-sex marriage, and that there is no need to create a separate law on same-sex unions since existing laws already imply the protection of some of these unions (even though there is no explicit legal mention of same-sex unions). Väino Linde, the chief of the Constitution Commission of the Riigikogu (Estonian Parliament), stated that he is "glad to see the conservative views in the Parliament and in the Commission of Constitution".[2]

So far in the public debate, the Social Democratic Party has been the only political party to publicly affirm its support of same-sex marriage. The Centre Party and the Reform Party have said that they would tolerate such a law, but have as of yet offered no statement of support. Various right-wing parties, particularly the now united Res Publica and the Pro Patria Union have stated their opposition to same-sex marriage[2].

Contents

[edit] Same-sex registered partnership law proposal

In July 2008, the Ministry of Justice announced that it is drafting a law on registered partnership for same-sex couples. The law, which was initially expected to come into force in 2009, will provide a number of rights for same-sex couples, such as inheritance and shared property ownership. The law has the support of most factions in Estonia's Parliament.[3]

The Ministry of Justice is currently studying proposals for recognition of unmarried couples, including same-sex couples. A comprehensive report was released in July 2009 which looked at three options: the recognition of unregistered cohabitation, the creation of a partnership registry, and the opening of marriage to same-sex couples. It left the decision of which model to implement up to the legislature and other "stakeholders".[4] Currently issue is debated. Public debate was closed on December 1, 2009. After that time, Ministry of Justice will choose one of the options[5]

[edit] Public opinion

A poll conducted in June 2009 showed that 32% of Estonians believe that same-sex couples should have the same legal rights as opposite-sex couples. Support was 40% among young people, but only 6% among older people.[6]

[edit] See also

[edit] References

  1. ^ "Estonian gays want right to wed". Swaf News. 2006-01-03. http://news.sawf.org/Lifestyle/5630.aspx. Retrieved 2007-09-30. 
  2. ^ a b "First Test of Tolerance and Common European Values in Estonia for Gays". UK Gay News. 2005-01-10. http://www.ukgaynews.org.uk/Archive/2006jan/1002.htm. Retrieved 2007-09-30. 
  3. ^ GLT World News Briefs
  4. ^ Kas homoabielud saavad tõesti rohelise tule?
  5. ^ Estonia Might Allow Gay Marriages
  6. ^ Homopaaride rights advocates, 32% of the population

[edit] External links

Laws regarding same-sex partnerships in Europe      Same-sex marriage      Other type of partnership      Unregistered cohabitation      Issue under political consideration      Unrecognized      Constitution limits marriage to man–woman
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