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Same-sex marriage in Estonia

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ 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].

See also


References

  1. ^ "Estonian gays want right to wed". Swaf News. 2006-01-03. 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. Retrieved 2007-09-30.
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