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Recognition of same-sex unions in Lithuania

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Part of the LGBT rights series
Marriage legal

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. ^ Recognition of a "declaration of family relationship" is available in 68 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

Lithuania does not recognise same-sex marriages or civil partnerships.

Civil partnerships

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.

On 25 March 2015, 9 members of the Seimas (Parliament) from the Social Democratic Party and the Liberal Movement introduced a partnership bill.[1][2] Prime Minister and leader of the Social Democratic Party Algirdas Butkevičius expressed his opposition to the bill.[3] On 6 May 2015, the Committee on Legal Affairs announced that they could find no constitutional barriers to same sex civil partnerships in the Baltic State.[4] The bill was not voted upon and died at the end of Parliament's term in November 2016. A similar bill was introduced by deputies from the Liberal Movement on 30 May 2017.[5] The bill was rejected in its first reading in a 29-59 vote with 20 abstentions, on 15 June 2017.[6][7]

Cohabitation agreements

In 2017, the Lithuanian Farmers and Greens Union and the Homeland Union proposed a bill to establish "cohabitation agreements" as an alternative to civil partnerships. The proposed legislation would guarantee cohabitants hospital visitation rights and the right to inherit a late partner's property. Povilas Urbšys, one of the authors of the proposal said: "Our registered project will effectively contribute to legal clarity, regulate property rights and some property unrelated relations between people living together and will also help to avoid negative consequences when cohabitation is dissolved."[8] The proposal, which was criticised by LGBT groups, explicitly stipulates that the cohabitants entering the agreement do not intend to create family relations. The proposal was preliminarly approved by the Seimas with 46 votes for, 17 votes against and 6 abstentions on 31 May 2017 and sent to further consideration.[9] [10]

Same-sex marriage

Same-sex marriages are not legal in Lithuania, with the Civil Code defining marriage as a voluntary agreement between a man and a woman. Moreover, there is an additional article in the Civil Code that explicitly bans same-sex marriages. Nevertheless, a drive to amend the Constitution to ban same-sex marriages was reportedly under way in December 2005 by a conservative member of the Parliament, who had started collecting signatures for such an amendment.[11] Julius Sabatauskas, chairman of the Parliament's Legal Committee, however, denounced the plan and said it was unneeded. Some MPs say Lithuania's Constitution already bans same-sex marriage. The Constitution states: "Marriage shall be concluded upon the free mutual consent of man and woman." The actual effect of this statement is unknown and it has yet to be challenged in court.

See also

References

  1. ^ 9 MPs register bill on same-sex partnership
  2. ^ Civilinio kodekso 3.1, 3.3, 3.16, 3.140, 3.150, 3.194, 3.229, 3.230, 3.231, 3.234, 3.235 straipsnių ir III knygos III dalies ir VI skyriaus pavadinimų pakeitimo, Kodekso papildymo 3.230(1) ir 3.230(2) straipsniais, bei 3.232 ir 3.233 straipsnių pripažinimo netekusiais galios
  3. ^ PM against legalisation of same-sex partnerships
  4. ^ Lithuanian parliament committee: ‘constitution no barrier to gay civil partnerships’
  5. ^ Civilinio kodekso 2.18, 2.19, 3.3, 3.16, 3.140, 3.141, 3.143, 3.146, 3.147, 3.150, 3.155 straipsnių, Kodekso Trečiosios knygos VI dalies XV skyriaus ir 5.13, 6.588, 6.590, 6.744 straipsnių pakeitimo įstatymo projektas
  6. ^ Template:Lt icon Seime žlugo bandymas įteisinti vyro ir moters bei homoseksualų partnerystę
  7. ^ Lithuania tries, but fails to recognize same-sex couples
  8. ^ Lithuanian Peasant and Green Party Propose “Cohabitation Agreements” Instead of Partnerships
  9. ^ Seimas Approves the Proposal on “Cohabitation Agreements” as Alternative to Partnership Law
  10. ^ Template:Lt icon Civilinio kodekso 6.589, 6.969, 6.971, 6.973, 6.978 straipsnių pakeitimo įstatymo projektas
  11. ^ "Lithuania could follow in Latvia’s footsteps on banning gay marriage" The Baltic Times, December 24, 2005
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