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Recognition of same-sex unions in the Czech Republic

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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.
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The Czech Republic grants unregistered cohabitation status to "persons living in a common household" that gives couples inheritance and succession rights in housing, and also offers registered partnerships for same-sex couples. Registered partnerships grant several rights of marriage, including, inheritance, hospital, spousal privilege, and alimony rights, but do not allow adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on July 1, 2006. [1]

An amendment to grant greater rights to registered partners was passed in June 2008, making registered partners closer to married couples.[2]

History

There had been several attempts to allow same-sex civil partnerships. In 1995, the government put forth a bill to update the civil code on family law to allow Danish-style registered partnerships, but the bill died by the end of the year. In 1997, a similar bill reached the chamber, but failed by two votes. In 1999, the chamber voted against another bill.

On 11 February, 2005, another bill failed by one vote. It was backed by 82 out of the 165 deputies present - most voting Social Democrats, Communists, the Freedom Union members and some deputies for the opposition Civic Democratic Party (ODS).

In April 2005, a new partnership bill passed its first reading in the chamber with 82 votes for and 9 against. On 16 December 2005, it passed its third reading with 86 votes for, 54 against, and 7 MPs not voting. On 26 January 2006, it was passed by the Senate (65 for, 14 against).

On February 16, 2006, President Václav Klaus vetoed the bill. In response, the Prime Minister Jiří Paroubek said that he would seek a parliamentary majority (101 votes) in the lower chamber to override the veto and did so successfully on March 15, 2006 with the exact number of votes needed (101) out of 177 votes casted. The bill became one of topics where political parties tried to position themselves before the June election. Opinion polls suggest that over 60 percent of Czechs support same-sex marriage or civil unions.

See also

References

  1. ^ The Prague Post Online: News: Nearly weds
  2. ^ Czech Republic: 2 anti-gay rallies banned, Czech amendment to registered partnership law takes effect

Template:Civil unions in Europe

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