Recognition of same-sex unions in Slovenia

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Legal status of
same-sex relationships
Marriage
Recognized
Previously performed and 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

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Slovenia has recognized partnerships for same-sex couples since 23 July 2006. The law gives same-sex partners access to one another's pensions and property. Though a new Family Code was passed on 16 June 2011 by the then-governing coalition which would have given registered same-sex partners all the rights of married couples, except with regards to joint adoption, the motion was rejected by voters.

Registration of same-sex partnerships Act 2005[edit]

A law establishing partnerships was adopted on 22 June 2005, titled Zakon o registraciji istospolne partnerske skupnosti (ZRIPS).[1] The law covers only property relations, the right/obligation to support a socially weaker partner, and inheritance rights to a degree. It does not grant any rights in the area of social security (social and health insurance, pension rights) and it does not confer the status of a next-of-kin to the partners. The adoption of this law sparked a political debate in the National Assembly, with Slovenian National Party deputies opposing recognition of same-sex partners. The opposition Social Democrats and Liberals, arguing that the law proposed was too weak, refused to take part in the voting, leaving the chamber. The vote succeeded with 44 votes for and 3 against.

A more comprehensive Registered Partnership Bill passed the first reading in Parliament in July 2004 but was rejected by Parliament during the second reading in March 2005. The bill would have provided for all rights inherent to marriage apart from joint adoption rights.

On 31 March 2005, the government proposed a new partnership bill, described above, providing access to pensions and property. It was passed in July 2005, and became effective on 23 July 2006.[2]

On 2 July 2009, the Constitutional Court of Slovenia found that it was unconstitutional to prevent registered partners from inheriting each other's property. It held that treating registered partners differently from married partners constituted discrimination on the basis of sexual orientation, breaching Article 14 of the Slovenian Constitution.[3] It gave the Parliament six months to remedy the situation.[4] In response, the Minister of the Interior, Katarina Kresal (LDS), announced the government would prepare a new law, which would legalise same-sex marriage.[5] This sparked a considerable controversy in the public.[6]

Family Code 2011[edit]

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.

On 2 July 2009, the Minister of the Interior, Katarina Kresal (LDS), announced that Slovenia is likely to legalize same-sex marriage in the near future, citing the government's commitment to provide equal rights for both opposite-sex and same-sex couples. The announcement stirred some level of public controversy, mainly because it provided grounds for same-sex adoption.[5]

On 21 September 2009, the Government presented a draft of the new Family Code, which would allow same-sex couples to marry and adopt children.[6][7][8][9][10] The bill went through a period of public debate until 1 November 2009.[11][12][13][14][15][16][17] In December 2009, the Government considered amendments to the bill, which was expected to be voted upon in 2010.[18] On 17 December 2009, the Government approved the Family Code.[19][20][21] On 2 March 2010, the bill was approved by the National Assembly, lower house of parliament, in the first reading.[22][23]

On 24 January 2011, the Government announced its intention to change the bill before its final version is passed by the National Assembly. The amendments would be made due to the difficulty of passing the bill. Marriage would be defined as a union between a man and a woman, but same-sex registered partnerships would have all rights of marriage except joint adoption (step-child adoption would be allowed).[24][25]

On 7 April, the National Assembly's committee approved the amended bill in the second reading and sent it for a third reading.[26] It was passed in the final reading on 16 June 2011.[26][27][28]

The new law was challenged on 1 September 2011 by a conservative popular movement 'The Civil Initiative for the Family and Rights of Children', which called for a national referendum on the issue, and started gathering the requisite popular support.[29] In response, the Government asked the Constitutional Court to judge whether such a referendum would be constitutional. On 26 December 2011, the Constitutional Court ruled that holding referendum on this issue is constitutional.[30] A referendum on 25 March 2012 led to the rejection of the bill.

Dual nationality recognition[edit]

On 3 March 2010, the Constitutional Court in Slovenia ruled that a male couple with a dual Slovenian-U.S. citizenship, who adopted a baby girl in the United States, were to be recognised as the child's legal parents in Slovenia as well.[31] On 17 July 2011, the Ministry for Work, Family and Social Affairs allowed for a woman to adopt her same-sex partner's biological offspring, on the basis of a 1976 law. This raised the possibility that such adoption could be possible even if the 2011 Family Code were to be repealed in a referendum.[32]

Partnership bill 2014[edit]

On 14 April 2014, the Ministry of Labour, Family, Social Affairs and Equal Opportunities has presented the bill to grant partnerships all the rights of marriage, except adoption and assisted reproduction. It was under public consultation process until 5 May 2014.[33][34] However, the bill's future fate is uncertain due the early parliamentary elections on 13 July 2014, which were announced because of the resignation of Prime Minister Alenka Bratušek.

See also[edit]

References[edit]

  1. ^ Slovenia passes same-sex marriage law
  2. ^ Slovenian Marriage License Requirements
  3. ^ Court Decision in Case U-I-425/06
  4. ^ Slovenian court: gay union law discriminatory
  5. ^ a b Slovenia to legalize soon same-sex marriage: minister
  6. ^ a b New Family Law Allowing Gay Marriage Stirs Controversy
  7. ^ (Slovene) Po novem zakoniku istospolni partnerji do posvojitve otrok
  8. ^ Natural Order Of Things (Everyone Needs A Family)
  9. ^ (Slovene) PREDLOG DRUŽINSKEGA ZAKONIKA
  10. ^ (Slovene) PREDLOG DRUŽINSKEGA ZAKONIKA
  11. ^ (Slovene) Novi družinski zakonik – revolucionarni korak naprej ali nepremišljeni zdrs nazaj?
  12. ^ (Slovene) Javno mnenje delijo posvojitve otrok istospolnih skupnosti
  13. ^ (Slovene) Ko se nad nov družinski zakonik spravi Komisija Pravičnost in mir
  14. ^ (Slovene) Predlog družinskega zakonika razdvaja javnost
  15. ^ (Slovene) Izteka se javna razprava o predlogu družinskega zakonika
  16. ^ (Slovene) Družinski zakonik naj varuje otroke
  17. ^ Deputies and Experts Clash Over Concept of Family
  18. ^ (Slovene) Družinski zakonik bo predvidoma sprejet maja 2010
  19. ^ Family Law Bill Ready for Parliament
  20. ^ (Slovene) Družinski zakonik pripravljen za obravnavo v DZ
  21. ^ (Slovene) Družinski zakonik odhaja v parlament
  22. ^ Gay Adoptions Cause Rift as MPs Discuss Family Law Bill
  23. ^ (Slovene) Družinski zakonik čez oviro
  24. ^ Ministry Confirms Changes to Gay Adoption Proposal
  25. ^ (Slovene) Ministrstvo je pripravilo kompromisni predlog družinskega zakonika
  26. ^ a b (Slovene) Odbor za delo potrdil t.i. kompromisni predlog družinskega zakonika
  27. ^ (German) Queer:Slowenien schreckt vor Ehe-Öffnung zurück
  28. ^ (Slovene) Zakonik sprejet, morda veto DS, morda še referendum
  29. ^ (Slovene) Dosje: Družinski zakonik
  30. ^ (Slovene) "Referendum o družinskem zakoniku bo". Delo.si. 27 December 2011. Retrieved 5 April 2014. 
  31. ^ Supreme Court Upholds Gay Adoption
  32. ^ (Slovene) "Zelena luč lezbični posvojitvi otroka". Delo.si. 19 July 2011. Retrieved 5 April 2014. 
  33. ^ (Slovene) Pričela se je javna obravnava Zakona o partnerski skupnosti
  34. ^ (Slovene) Partnerska skupnost je skupnost dveh žensk ali dveh moških, ki skleneta partnersko skupnost

External links[edit]