Recognition of same-sex unions in Slovakia

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Legal recognition of
same-sex relationships
Marriage
Recognized
Previously performed but not invalidated
  1. Can be registered also in Aruba, Curaçao and Sint Maarten
  2. When performed in Mexican states that have legalized same-sex marriage

*Not yet in effect

LGBT portal
Laws regarding same-sex partnerships in Europe
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Unrecognized
  Constitution limits marriage to opposite-sex couples

Includes laws that have not yet gone into effect.

The Constitution of Slovakia limits marriage to opposite-sex couples. There is no legal recognition of same-sex couples in Slovakia. Bills to recognise same-sex partnerships were introduced three times, in 1997, in 2000 and in 2012, but were rejected. During the time when the Christian Democratic Movement (KDH) was in government (2002-2006), no progress on this issue was made.

Nevertheless, in 2008 and 2009, the LGBT rights group Iniciatíva Inakosť launched a public awareness campaign for the recognition of registered life partnerships (Životné partnerstvo) between same-sex couples. In January 2008, LGBT rights activists met with the Deputy Prime Minister, Dušan Čaplovič, to discuss this proposal. Throughout 2008, Iniciatíva Inakosť also held a number of public discussions regarding registered partnerships.[1]

The Green Party supports registered partnerships for same-sex couples.[2]

Registered partnership[edit]

In March 2012, the Freedom and Solidarity announced that it will submit draft law on registered partnerships.[3] On August 23, the registered partnership bill was submitted to parliament. Had the bill been approved, same-sex couples would have had similar rights and obligations as married couples, including alimony, inheritance, access to medical documentation and the right to a widow´s/widower´s pension. Hovewer, the bill would not allow same-sex couples to adopt children.[4][5] On September 19, the ruling party Direction - Social Democracy announced that it would vote against legalising registered partnership.[6] The bill was rejected in 14-94 vote.[7]

Same-sex marriage[edit]

In 2013, the Catholic bishops of Slovakia wrote the pastoral letter in which they called gender equality as "the culture of death" and same-sex marriage as "sodomitic mockery".[8] In January 2014, Christian Democratic Movement (KDH) announced that it will submit draft law on same-sex marriage ban.[9] In February 2014, Minister of Culture Marek Maďarič said there are enough Direction - Social Democracy party MPs who are for constitutional definition of marriage.[10] 40 opposition Members of Parliament introduced draft law on same-sex marriage ban to the National Council.[11] Slovakia´s social democratic Prime Minister Robert Fico said "Smer is willing to support the amendment in exchange for the opposition's support for an amendment introducing changes in the judicial system."[12] The bill on same-sex marriage ban was passed in first reading in 103-5 vote.[13] The amendment could cause any laws on recognising same-sex couples adopted in the future to be unconstitutional.[14][15] In June 2014, it was passed in 102-18 vote.[16]

Referendum[edit]

In December 2013, a conservative civil initiative group "Alliance for family" announced that it would demand constitutional definition of marriage as "a union between a woman and a man".[17] Alliance intended to initiate a referendum on several topics. They demanded ban on same-sex adoption, prohibition of sex education in schools. They also suggested that other types of cohabitation should not be at same position as marriage between a man and a woman.[18][19] Activists from the Alliance also criticised Swedish company Ikea for its corporate magazine in which appeared two lesbians who are raising a son.[20] In August 2014, Alliance for family has collected more than 400,000 signatures to hold referendum on 4 questions:[21]

1. Do you agree that no other cohabitation of persons other than a bond between one man and one woman can be called marriage?

2. Do you agree that same-sex couples or groups shouldn’t be allowed to adopt children and subsequently raise them?

3. Do you agree that no other cohabitation of persons other than marriage should be granted particular protection, rights and duties that the legislative norms as of March 1, 2014 only grant to marriage and to spouses (mainly acknowledgement, registration, or recording as a life community in front of a public authority, the possibility to adopt a child by the spouse of a parent)?

4. Do you agree that schools cannot require children to participate in education pertaining to sexual behaviour or euthanasia if their parents or the children themselves do not agree with the content of the education?

Experts warned the plebiscite may be uncostitutional and president Andrej Kiska asked the Constitutional Court to consider the proposed questions.[22]

Public opinion[edit]

Public opinion has shifted in Slovakia in the past few years, becoming more favourable to granting rights to same-sex couples. According to a poll conducted in 2009, 45.0% of respondents supported same-sex registered partnerships, 41% were opposed, and 14% were unsure. Support for specific rights was higher, with 56% supporting the right of same-sex couples to jointly own property, 72% to access medical information about their partner and 71% supporting the right to bereavement leave.[1]

Support for gay rights 2008[1] 2009[1] 2012 [23]
YES [%] NO [%] YES [%] NO [%] YES [%] NO [%]
"Same sex partnership" 42 44.8 45 41 47 38
"Mutual maintenance duty among partners" 47.3 32.3 51 29 50 31
"Right for tax benefits" 40.7 43 43 39 45 38
"Right for spousal pension for deceased partner" 45.2 36.9 45 37 48 36
"Access to information about medical condition of partner" 64.2 21 72 16 75 15
"Right to day-off if partner requires accompaniment to doctor" 54.1 - 57 - 58 -
"Right to bereavement leave" 69.4 - 71 - 73 -
"Right to mutual inheritance" 58.1 - 56 - 60 -
"Possibility to establish undivided co-ownership" 54.5 - 56 - 57 -
"Right to nursing benefit during care for sick partner" 57.5 - 61 - 61 -

See also[edit]

References[edit]