Recognition of same-sex unions in Slovenia
|Legal recognition of
† Not yet in effect
Slovenia has recognized registered partnerships for same-sex couples since July 23, 2006. The law gives same-sex partners access to one another's pensions and property. Though a new Family Code was passed on June 16, 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.
A registered partnership law was adopted on 22 June 2005, titled Zakon o registraciji istospolne partnerske skupnosti (ZRIPS). 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 July 23, 2006.
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. It gave the Parliament six months to remedy the situation. In response, the Minister of the Interior, Katarina Kresal (LDS), announced the government would prepare a new law, which would legalise same-sex marriage. This sparked a considerable controversy in the public.
Family Code 2011
On July 2, 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.
On September 21, 2009, the Government presented a draft of the new Family Code, which would allow same-sex couples to marry and adopt children. The bill went through a period of public debate until 1 November 2009. In December 2009, the Government considered amendments to the bill, which was expected to be voted upon in 2010. On 17 December 2009, the Government approved the Family Code. On March 2, 2010, the bill was approved by the National Assembly, lower house of parliament, in the first reading.
On January 24, 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).
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. 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. A referendum on 25 March 2012 led to the rejection of the bill.
Dual nationality recognition
On March 3, 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. On July 17, 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.
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