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Recognition of same-sex unions in Latvia

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Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: 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. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: 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. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. ROK: Spousal benefits from health insurance.
* Not yet in effect
LGBT portal

Latvia does not recognize same-sex unions, either in the form of partnership or marriage.

Partnership

On 23 September 1999, the Latvian National Human Rights Office presented a registered partnership bill to the Saeima. On 28 September 1999, the proposal was sent to the Human Rights and Public Affairs Commission of the Saeima for discussion.[1][2] On 30 November 1999, the commission rejected the bill.[3]

In January 2012, the Ombudsman's Office (the renamed National Human Rights Office since 2007) recommended to the Parliament to not introduce same-sex registered partnerships.[4] However, after Baltic Pride in June 2012, it was revealed that the Ministry of Justice was considering whether to recognise same-sex partnerships, either through unregistered cohabitation or registered partnership. Defence Minister Artis Pabriks indicated his support of registered partnerships.[5] Mozaika, Latvia's largest gay rights organisation, predicted that it would take approximately five years to obtain enough political support to pass the bill.[6]

Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

In November 2014, while commenting on the declaration by the Minister for Foreign Affairs Edgars Rinkēvičs that he is gay and on his call for recognition of same-sex relationships, Prime Minister Laimdota Straujuma reaffirmed her support for the constitutional prohibition on same-sex marriage. She also admitted that "Latvian law has not yet resolved the question of partner-relationships", explaining that non-recognition of unmarried couples affects many in Latvia regardless of sexual orientation and that protection of such families needed to be discussed by both the community and the Saeima.[7]

On 30 January 2015, Veiko Spolītis, a Member of Parliament for Straujuma's Unity party submitted a bill to modify the Civil Code to provide for partnerships. The proposed law would allow "any two persons" to register their partnership and have almost the same rights and obligations as married couples.[8][9] The proposal was rejected by the Legal Affairs Committee on 24 February 2015.[10][11]

On 23 March 2015, For Latvia's development chairperson, Juris Pūce, launched a signature collection campaign on ManaBalss.lv for the adoption of a Cohabitation Law in Latvia.[12] The draft bill states that registration of couples’ cohabitation intentions would secure equal rights to all members of society regardless of gender.

Unregistered cohabitation

Lesbians are permitted to use Assisted Reproductive Technology.[13]

So at that moment perhaps only this one legal effects is related to same-sex couples as they receive no legal recognition.

Marriage

Constitution

In December 2005, the Saeima voted 65-5 to approve an amendment to the constitution, banning same-sex marriage.[14]

On 27 May 2016, the Constitutional Court of Latvia overturned an administrative court decision to refuse an application to register a same-sex marriage in the country. A Supreme Court press spokeswoman said that the court agrees with the administrative court that current regulations do not allow for same-sex marriages to be legally performed in Latvia. However, the matter should have been considered in a context not of marriage, but of registering familial partnership. Furthermore it would have been impossible to conclude whether the applicants' rights weren't violated unless their claim is accepted and reviewed in a proper manner.[15] The Supreme Court will now decide whether the refusal was in breach of the Latvian Constitution and the European Convention on Human Rights.

See also

References

  1. ^ LATVIA: PARTNERSHIP LAW PRESENTED TO THE MEDIA AND SENT TO PARLIAMENT
  2. ^ LATVIA: PROGRESS ON PARTNERSHIP LAW
  3. ^ LATVIA KILLS PARTNER MEASURE
  4. ^ Template:Lv icon Letter No. 1-8/4 to parliamentary committees on human rights and legal affairs by the Ombudsman J. Jansons 26 January 2012
  5. ^ Template:Lv icon "Pabriks: Latvijas likumdošanu nevar balstīt uz stereotipiem un idejām par politikas un baznīcas vienotību". Delfi.lv. 2 June 2012. Retrieved 11 April 2014.
  6. ^ Template:Lv icon ""Mozaīka" prognozē partnerattiecību likuma pieņemšanu tuvākajā piecgadē". Kasjauns.lv. 7 May 2012. Retrieved 11 April 2014.
  7. ^ Template:Lv icon "Straujuma: Latvijā jārada tiesisks regulējums visu veidu partnerattiecībām". Kasjauns.lv. 7 November 2014. Retrieved 9 November 2014.
  8. ^ Template:Lv icon "Saeimā iesniedz priekšlikumu par partnerattiecību legalizāciju". Latvijas Sabiedriskie mediji. 30 January 2015. Retrieved 8 February 2015.
  9. ^ "Latvian Parliament to consider gender neutral partnership law in 2015". Gay Star News. 9 February 2015. Retrieved 13 February 2015.
  10. ^ Template:Lv icon "Noraida Spolīša rosinājumu ieviest dzimumneitrālu partnerattiecību institūtu". Latvijas Sabiedriskie mediji. 24 February 2015.
  11. ^ Template:Lv icon "Saeimā noraida rosinājumu ieviest dzimumneitrālu partnerattiecību institūtu". TV NET. 24 February 2015.
  12. ^ "Coalition sceptical about approving Cohabitation law". BNN. 24 March 2015.
  13. ^ Assisted reproductive technology in Europe. Usage and regulation in the context of cross-border reproductive care (page 14)
  14. ^ "Latvia cements gay marriage ban". BBC. December 15, 2005.
  15. ^ "Supreme Court rules same-sex marriage request will be considered". Public broadcasting of Latvia. 27 May 2016.
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