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Recognition of same-sex unions in San Marino

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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. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

San Marino is set to recognize civil unions for both same and opposite-sex couples since 5 December 2018.

Foreign couples

On 17 June 2012, Parliament passed a bill to allow foreign persons in same-sex relationships with San Marino citizens to stay in the country. The bill stops short of giving any rights to these couples (apart from immigration) but was regardless hailed as a historic step forward. Michele Pazzini, secretary of a San Marino LGBT association, said: "This is a little step towards the full recognition of same-sex couples." The bill was passed 33 to 20.[1]

Civil unions

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 March 2016, three parties announced their own proposals to create a new gender-neutral partnership law that would expand the rights of all unmarried cohabiting couples. The main coalition party (San Marino Common Good) ruled out adoption rights for same-sex couples while an opposition party included them in their draft. The center-left coalition partner has said that it is open to the idea of same-sex parenting and may bring the issue of stepchild adoption to a fourth proposal.[2]

In December 2017, after winning the November 2016 election, the center-left coalition (consisting of United Left, Future Republic and Civic 10) committed itself to approving a civil union bill.[3] A popular initiative to legalise civil unions was introduced to Parliament on 18 December 2017, and passed its first reading on 7 March 2018.[4][5] Under the proposed law, couples (different-sex or same-sex) in civil unions would be able to access health benefits, pension rights and would have the same residency rights as married couples, among many other rights and benefits. The proposal was praised for going further than the Italian civil union law, approved in 2016, as it would allow for stepchild adoptions. Additionally, children born during the civil union would be legally recognised as the children of both parents, and children born abroad would also be recognised.[6]

A public consultation took place on 6 April 2018.[7] The Government indicated that it would try to have the initiative passed as soon as possible.[8] On 27 September 2018, the Council Committee for Constitutional Affairs approved the bill by a 12-2 vote with some amendments: while now allowing for public ceremonies, the Committee conferred to the unions only a limited set of rights pertaining to marriage (residency, citizenship, pension rights, healthcare, succession rights, and stepchild adoption rights).[9]

On 15 November 2018, the Grand Council approved the bill at the second and final reading by 40 to 4 votes in favour with 4 abstentions.[10][11] The law was published on the Official Bulletin on 20 November 2018 and it will enter into force on 5 December 2018.[12]

Same-sex marriage

In April 2014, a Sammarinese man married in London filed a petition to start a debate on the recognition of foreign same-sex marriages in San Marino.[13] On 19 September 2014, Parliament debated and rejected the proposed changes on a vote of 35–15.[14] On 8 April 2015, the same man attempted to register his marriage in the country.[15]

In December 2017, the Parliament approved, 25 votes in favor to 20 against, an amendment to the proposed 2018 budget law that will allow same-sex marriages for foreigners. Sammarinese couples, however, will still be banned from marrying. This was done with the aim of encouraging tourism. Now, the Government has the task of drafting legislation to implement the amendment.[16][17]

See also

References

  1. ^ San Marino axes medieval law to let gay couples live together
  2. ^ Template:It icon San Marino. Unioni civili, presto sul tavolo tre bozze di legge
  3. ^ Template:It icon San Marino. Più uniti. Più forti. Tutto pronto per la fondazione di Sinistra Socialista Democratica
  4. ^ Template:It icon Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"
  5. ^ Template:It icon Migranti e unioni civili, il Titano è pronto
  6. ^ Template:It icon San Marino. “Unioni civili, una legge esemplare e perfino migliore della nostra”
  7. ^ Template:It icon Il pilastro sociale tra unioni affettive ed evoluzioni dell'amore
  8. ^ Template:It icon San Marino, la proposta di legge popolare sulle unioni civili sarà presto ordine del giorno
  9. ^ "Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian).
  10. ^ "Approvata la legge sulle Unioni Civili. La commissione pari opportunità: "giornata storica per San Marino"". Rtv San Marino (in Italian). 16 November 2018.
  11. ^ Besanvalle, James (16 November 2018). "San Marino passes civil union law for same-sex couples". Gay Star News. Retrieved 17 November 2018.
  12. ^ "Legge 20 novembre 2018 n°147 "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian).
  13. ^ "San Marino Considering Recognition Of Out Of State Marriages". Towleroad. 8 April 2014.
  14. ^ "San Marino rebuffs same-sex marriage, abortion proposals". Gazzetta Del Sud. 19 September 2014.
  15. ^ Chiesta a San Marino la prima trascrizione di matrimonio gay
  16. ^ Template:It icon SAN MARINO DICE SÌ AL MATRIMONIO GAY. MA SOLO PER GLI STRANIERI
  17. ^ Template:It icon A San Marino arriva il matrimonio egualitario, ma solo per gli stranieri
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