Jump to content

Same-sex marriage in Estonia

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by 2a02:120b:2c41:a0d0:84c1:8013:c9e1:8e17 (talk) at 17:05, 18 August 2018. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

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

Estonia has recognised same-sex unions since January 1, 2016 by allowing same-sex couples to sign a cohabitation agreement (Template:Lang-et), the first ex-Soviet state to do so.[1] In addition, following a December 2016 court ruling, same-sex marriages performed abroad are recognised in Estonia.[2][3]

Registered partnerships

History

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 December 2005, the launch of a new family law bill by the Estonian Ministry of Justice, explicitly defining marriage to be a union of a man and a woman, initiated a public debate on the issue of recognition of same-sex unions. The public debate was called by the Ministry of Social Affairs, which expressed reservations about the draft law.

The public debate attracted a significant response from LGBT rights groups, who opposed the family law bill and urged the Government not to discriminate between same-sex and opposite-sex 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 LGBT rights issued a press release asking for the Government to draft a new partnership law to give same-sex couples equal rights with opposite-sex couples.[4]

On the other hand, a number of conservative politicians claimed that Estonia was not yet ready for same-sex marriage, and that there was no need to create a separate law on same-sex unions since existing laws already implied the protection of some of these unions, despite not mentioning same-sex unions explicitly. Väino Linde, the chief of the Constitution Commission of the Riigikogu (Estonian Parliament), stated that he was "glad to see the conservative views in the Parliament and in the Commission of Constitution".[5]

As of 2005, the Social Democratic Party was the only political party to publicly affirm its support for same-sex marriage. The Centre Party and the Reform Party said that they would tolerate such a law. Various right-wing parties, particularly the Pro Patria and Res Publica Union, stated their opposition to same-sex marriage.[5]

Registered Partnership Act

In July 2008, the Ministry of Justice announced that it was drafting a law on registered partnerships for same-sex couples. The law, initially expected to come into force in 2009, was intended to provide a number of rights for same-sex couples, such as inheritance and shared property ownership. The law had the support of most parties in Estonia's Parliament.[6][7]

The Ministry of Justice studied proposals for the registration of unmarried couples, including same-sex couples. A comprehensive report was released in July 2009 examining three options: the recognition of unregistered cohabitation; the creation of a partnership registry; and the extension of marriage to same-sex couples. It left the decision over which model to implement to the legislature and other "stakeholders".[8][9] On July 1, 2010, a new family law was passed, defining marriage as between a man and a woman and declaring unions between members of the same sex "null and void". Prime Minister Andrus Ansip was quoted as saying, "I do not believe that Estonia, Latvia and Lithuania will soon accept same-sex marriage in the eyes of the law".[10]

On May 25, 2011, Chancellor of Justice Indrek Teder requested that the Ministry of Justice introduce a civil partnership law.[11] He ruled that the non-recognition of same-sex relationships was contrary to the Constitution of Estonia. Thereafter, partnership recognition again became an active political discussion in Estonia.

The Reform Party and the Social Democratic Party supported introducing a partnership law, against the opposition of conservative Pro Patria and Res Publica Union. The Centre Party supported a discussion on the issue.[12] The bill was drafted in August 2012 by the Minister of Justice and was under consultation until October 1, 2012.[13][14][15] In March 2014, a parliamentary group began to work on a draft bill to regulate the legal status of cohabiting couples.[16] The bill was submitted to Parliament on April 17, 2014.[17][18][19][20] On May 22, the bill was backed by the Government.[21] On June 19, 2014, Parliament rejected a motion to kill the bill at its first reading, in a 32-45 vote.[22] The second reading took place on October 8, where a motion to hold a referendum on the bill was defeated in a 35-42 vote and another motion to kill the bill was defeated in a 41-33 vote.[23] The bill passed its final vote on October 9 in a 40-38 vote. It was signed by President Toomas Hendrik Ilves the same day and took effect on January 1, 2016.[24][25]

October 9, 2014 vote in the Estonian Parliament (Riigikogu)
Party Voted for Voted against Abstained Absent
Estonian Reform Party  
19
6
4
4
Estonian Centre Party  
6
13
2
5
Pro Patria and Res Publica Union   -
19
1
3
Social Democratic Party  
15
 -
3
1
Total 40 38 10 13

As of 2018, some implementing acts required for the law to enter into force have yet to be passed, requiring the support of a majority of MPs. The conservative Pro Patria and Res Publica Union (IRL), which joined the Government after the March 2015 elections, said that these acts should be passed in Parliament rather than by the Government, creating a dispute with the Reform Party and Social Democrats.[26] On November 25, 2015, Parliament rejected a motion to kill the implementing bill at its first reading, in a 41-42 vote.[27] On December 10, the chairman of the Legal Affairs Committee announced that the committee would not finish work on the bill and asked Parliament to begin the second reading before December 17, before it adjourned on January 11. This meant that the Registered Partnership Act would take effect without implementing measures, causing a number of legal loopholes and problems.[28][29] Further readings were scheduled for the end of January 2016.[30]

Because the Riigikogu has yet to adopt the implementation acts, same-sex couples in Estonia have been in legal limbo, and have increasingly turned to the courts in order to have their rights recognised. Numerous partnerships have been performed in Estonia, but these couples are not officially registered in the population registry.[31] In August 2016, a same-sex couple filed a complaint with the Tallinn Administrative Court.[32]

In January 2017, the Chairman of the Legal Affairs Committee of Parliament, Jaanus Karilaid (Centre Party), said that the implementing acts for the registered partnership law were unlikely to be adopted in the current term of Parliament, as passing these laws "would only result in new confrontations". At the same time, Karilaid suggested that Parliament did not have the numbers to repeal the underlying registered partnership law.[33] Prime Minister Jüri Ratas echoed his suggestion, saying that the law would not be repealed by neither the current nor the subsequent Riigikogu.[34] One month later, responding to a complaint filed in August 2016 (see above), the Tallinn Administrative Court ordered the Estonian Government to pay monetary damages for failing to adopt the implementing acts. The state later appealed the ruling.[35] In September 2017, President Kersti Kaljulaid criticised the Parliament for failing to accept the implementing acts.[36]

In February 2017, the Tallinn Administrative Court ruled that the Interior Ministry had to correctly register the stepchild adoption of an Estonian same-sex couple, as mandated by the Registered Partnership Act. The Ministry stated that it had no plans to appeal.[37] In January 2018, the Tartu Circuit Court ruled that a lesbian couple in a registered partnership may adopt. The Court overturned a lower court's ruling, which had rejected the couple's adoption application.[38]

During the public debate about the bill, a number of public figures came out as gay, including choreographer Jüri Nael,[39] actor Risto Kübar,[40] fashion designer Aldo Järvsoo,[41] and singer Lauri Liiv.[42]

On 10 April 2018, the Supreme Court ruled that the law is in effect and should be enforced, despite the lack of the implementing measures.[43]

Statistics

29 same-sex partnerships had been performed by August 2016.[32]

Same-Sex Partnership Bill

In February 2016, several politicians (mostly from the Estonian Free Party) introduced the Same-Sex Partnership Bill, aimed at repealing the Registered Partnership Act and creating a separate law for same-sex couples. Andres Herkel, who spoke on behalf of the Free Party, justified the need for the Same-Sex Partnership Bill and criticised the Registered Partnership Act, saying it brought legal confusion to include same-sex couples and opposite-sex couples in the same law: "The including of the regulation concerning different-sex couples and same-sex couples in one Act is the basis of very many conceptual confusion." The bill was opposed by the Conservative People's Party, the Reform Party and the Social Democrats, and ultimately failed 14-55 in Parliament.[44]

Bill to Repeal the Registered Partnership Act

In October 2017, the Riigikogu voted against a bill which sought to repeal the Registered Partnership Act.[45] The repeal bill, supported by the Conservative People's Party and the Pro Patria and Res Publica Union, was rejected by a vote of 19-47 at the first reading on 17 October. The Social Democrats, the Reform Party and the two independents opposed the bill, arguing it would "take rights away". The Centre Party was split with some voting against the bill and others abstaining, whilst the Free Party mostly abstained.[46] Lawmakers supporting the bill claimed that the Registered Partnership Act had brought division within Estonian society.

17 October 2017 vote in the Riigikogu[47]
Party Voted for Voted against Abstained Absent
  Estonian Reform Party (RE) (30)
1
21
4
4
 G  Estonian Centre Party (KE) (27) -
7
9
11
 G  Social Democratic Party (SDE) (15) -
15
 - -
 G  Pro Patria and Res Publica Union (IRL) (12)
10
1
1
 -
  Estonian Free Party (EV) (8)
1
1
6
 -
  Conservative People's Party of Estonia (EKRE) (7)
7
 - - -
  Independent (2) -
2
 - -
Total 19 47 20 15
a. Both MPs were formerly members of the IRL.

Same-sex marriage

The first same-sex marriage was recognised by a court in December 2016.[48] The couple, two men who had originally married in Sweden but now live in Estonia, had their marriage officially registered in late January 2017.[49][2] Initially, a court in Harju County refused to register their marriage, but the couple appealed the decision. In December, the Tallinn Circuit Court ruled that all marriages performed in another country must be entered into the Estonian population register when a couple takes up residence in Estonia or is granted Estonian citizenship.[2] According to Estonian jurists and lawyers, whether a same-sex marriage will be recognized must be assessed on a case-by-case basis.[3] In November 2017, for instance, the same court ruled that a married Estonian-American same-sex couple could not be recognised as married for the purpose of the issuance of a temporary residence permit to the American partner. The couple appealed to the Supreme Court,[50] which ruled against them in April 2018.[51] The couple then applied to enter a cohabitation agreement, as the Supreme Court had ruled the previous week that the law is part of Estonia's legal order. This would enable the American partner to reside in Estonia.[52]

In March 2017, Martin Helme of the Conservative People's Party, speaking in the Riigikogu, threatened the judges who made the December 2016 ruling, saying he wanted their "heads to roll". Many criticised his comments, including President Kersti Kaljulaid, Chief Justice Priit Pikamäe and Speaker of Parliament Eiki Nestor.[53]

In June 2017, the Estonian Supreme Court ruled that same-sex couples have a right to the protection of family life. Clarifying the courts' jurisdiction in the matter of applying legal protection in residence permit disputes, the Court ruled that Estonian law does not forbid issuing a residence permit to same-sex spouses.[54]

In November 2017, Archbishop Urmas Viilma of the Estonian Evangelical Lutheran Church proposed that the Estonian Constitution define marriage as being between "a man and a woman". Speaker of Parliament Eiki Nestor rejected his call, saying "that not even the Bible made such a specification, and neither should the Constitution".[55]

2018 European Court of Justice ruling

Main article: Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne

On June 5, 2018, the European Court of Justice (ECJ) ruled that all EU countries that do not recognise same-sex marriages (including Estonia) must legally recognise such marriages performed in EU countries where they are legal, and grant same-sex couples in which one partner is an EU citizen full residency rights.[56][57][58] The Court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. Furthermore, the Court ruled that the term "spouse" is gender-neutral, and that it does not necessarily imply a person of the opposite sex.[59]

Public opinion

A poll conducted in June 2009 showed that 32% of Estonians believed that same-sex couples should have the same legal rights as opposite-sex couples. Support was 40% among young people, but only 6% among older people.[60]

A poll conducted in September 2012 found that 34% of Estonians supported same-sex marriage and 46% supported registered partnerships. The poll found an ethnic divide: while 51% of ethnic Estonians supported registered partnerships, only 35% of ethnic Russians were of the same view.[61]

The 2015 Eurobarometer found that 31% of Estonians thought that same-sex marriage should be allowed throughout Europe, 58% were against.[62]

A poll conducted from March 28, 2017 to April 10, 2017 found that while support for same-sex registered partnership legislation was unchanged in three years (45% vs 46%), support for same-sex marriages had increased to 39% with 52% against (compared to 60% against in 2012 and 64% against in 2014).[63][64][65] It also found that acceptance of homosexuality had increased from 34% in 2012 to 41% in 2017, with 52% against.[66]

See also

References

  1. ^ Estonia becomes first former Soviet state to legalise gay marriage
  2. ^ a b c Court orders entry of same-sex marriage into Estonian register
  3. ^ a b Aili Kala. "11 - CHAPTER The situation of LGBT persons". Human Rights Centre.
  4. ^ "Estonian gays want right to wed". Swaf News. January 3, 2006. Retrieved September 30, 2007.
  5. ^ a b "First Test of Tolerance and Common European Values in Estonia for Gays". UK Gay News. January 10, 2005. Retrieved September 30, 2007.
  6. ^ Estonia debates same-sex partnerships
  7. ^ GLT World News Briefs Archived August 9, 2008, at the Wayback Machine
  8. ^ Estonia Might Allow Gay Marriages
  9. ^ Kas homoabielud saavad tõesti rohelise tule?
  10. ^ Gay Life in Estonia: Gay marriage
  11. ^ "Justice Chancellor Calls for Same-Sex Partnership Law". News.err.ee. May 25, 2011. Retrieved April 3, 2014.
  12. ^ "Social Dems, Reform Party Reach Common Ground on Civil Partnerships". News.err.ee. October 3, 2011. Retrieved April 3, 2014.
  13. ^ Ministry Floats Idea of Same-Sex Partnership Without Adoption
  14. ^ New law in Estonia will provide more protection to unmarried couples
  15. ^ Template:Et icon KOOSELUSEADUSE EELNÕU KONTSEPTSIOON
  16. ^ Parliamentary Working Group to Codify Cohabitation
  17. ^ Gender-Neutral Cohabitation Bill Submitted to Parliament
  18. ^ Template:Et icon Kooseluseadus 650 SE
  19. ^ Template:Et icon Seletuskiri kooseluseaduse eelnõu juurde
  20. ^ Template:Et icon Samasooliste kooselu registreerimist võimaldav eelnõu sai valmis
  21. ^ Government Approves Cohabitation Bill
  22. ^ Gender-Neutral Civil Union Bill Survives Early Morning Vote
  23. ^ Cohabitation Bill Heads to Final Vote
  24. ^ Parliament Passes Cohabitation Act; President Proclaims It Archived November 30, 2015, at the Wayback Machine
  25. ^ Template:Et icon Riigikogu võttis vastu kooseluseaduse
  26. ^ "Coalition already in disagreement over Cohabitation Act". EER.ee. April 10, 2015.
  27. ^ Cohabitation Act implementing acts pass first reading by single vote
  28. ^ Cohabitation Act to enter force without implementing acts
  29. ^ Template:Et icon Kooseluseaduse rakendusaktid jäävad sel aastal vastu võtmata
  30. ^ Kooseluseaduse rakendusaktid tulevad riigikogus teisele lugemisele jaanuari lõpus
  31. ^ Position voted down that Registered Partnership Act never came into force
  32. ^ a b Template:Et icon Geiaktivist läheb kooseluseaduse tõttu riigiga kohtusse
  33. ^ Karilaid: This Estonian parliament won't adopt implementing act of civil partnership law
  34. ^ Ratas: Current, next Riigikogu will not repeal Registered Partnership Act
  35. ^ Estonia to pay damages for failing to adopt implementing legislation for civil partnership law
  36. ^ President chides MPs for shunning Partnership Act's implementing provisions
  37. ^ Court: Adoption by same-sex couple must be entered in register Eesti Rahvusringhääling, 22 February 2017
  38. ^ Court overturns ruling keeping same-sex couple from adopting child
  39. ^ Jüri Naela pihtimus: olen gei ega tea ühtki inimest, kes mind sellepärast vihkaks
  40. ^ Ei ebanormaalsusele ehk kuidas Varro Vooglaid mind tappa tahab
  41. ^ Aldo Järvsoo: loodan, et kõik segaduses poisid-tüdrukud elavad selle nõiajahi üle
  42. ^ Lauri Liiv: Eestis on mõnus olla ka geimehena
  43. ^ Supreme Court: Registered Partnership Act part of Estonia's legal order
  44. ^ Riigikogu concluded first reading of Same-Sex Partnership Bill
  45. ^ Riigikogu votes down bill to repeal Registered Partnership Act
  46. ^ Committee to send registered partnership repeal bill to first reading
  47. ^ Hääletustulemused 17.10.2017 11:42 - 461 Kooseluseaduse kehtetuks tunnistamise seadus (in Estonian)
  48. ^ "GAY.RU - В Эстонии однополая пара через суд добилась признания своего брака, заключенного в Швеции". www.gay.ru. Retrieved January 25, 2017.
  49. ^ "Gay couple win right to be married in Estonia". Gay Star News. January 30, 2017.
  50. ^ "Same-sex couple to appeal decision of circuit court". www.baltictimes.com. Retrieved November 23, 2017.
  51. ^ Estonia is one of the most homophobic countries in the OECD
  52. ^ "Taxpayers, Get Out! Estonia Refuses Equal Rights for Same-Sex Couples". Liberties. May 15, 2018.
  53. ^ Estonia: Parliament speaker condemns MP's verbal attack against judges
  54. ^ Supreme Court: Same-sex couples have right to protection of family life
  55. ^ Riigikogu president: Constitution shouldn't define family
  56. ^ EU states must recognize foreign same-sex marriages: court, Reuters, June 5, 2018
  57. ^ Rights for same-sex married couples to move around the EU confirmed in landmark ruling, Yahoo News, June 6, 2018
  58. ^ Alina Tryfonidou (June 7, 2018). "Rights for same-sex married couples to move around the EU confirmed in landmark ruling". The Conversation.
  59. ^ "Same-sex spouses have equal residency rights". BBC News. June 6, 2018.
  60. ^ Homopaaride rights advocates, 32% of the population
  61. ^ Merike Teder (September 13, 2012). "Uuring: eestlased pole samasooliste kooselu registreerimise vastu - Eesti uudised". Postimees.ee. Retrieved April 3, 2014.
  62. ^ Special Eurobarometer 437
  63. ^ "Avaliku arvamuse uuring LGBT teemadel (2017)" (PDF) (in Estonian). Estonian Human Rights Center.
  64. ^ "Avaliku arvamuse uuring LGBT teemadel (2014)" (PDF) (in Estonian). Estonian Human Rights Center.
  65. ^ "Avaliku arvamuse uuring LGBT teemadel (2012)" (PDF) (in Estonian). Estonian Human Rights Center.
  66. ^ "Eesti elanike hoiakud LGBT teemadel" (in Estonian). Estonian Human Rights Center.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Same-sex_marriage_in_Estonia&oldid=855483862"