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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.
LGBTQ portal

The Czech Republic offers registered partnerships (Czech: registrované partnerství) for same-sex couples. Registered partnerships grant several rights of marriage, including inheritance, right to decalare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege, and alimony rights, but do not allow joint adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006.[1][2][3] The country also grants unregistered cohabitation status to "persons living in a common household" that gives couples inheritance and succession rights in housing.[4]

History

Registered partnerships

There had been several attempts to allow same-sex registered partnerships. In 1998, a registered partnership bill reached the Chamber of Deputies, but failed by two votes.[5] In 1999, the chamber voted against another bill.[6][7] In February 2001, the Government presented a third bill, which was rejected by Parliament in October 2001.[8][9][10]

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

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 abstentions.[12]

16 December 2005 vote in the Chamber of Deputies of the Czech Republic[13]
Party Voted for Voted against Abstained Nepřihlášen ('Not logged in')a/Excused (Did Not Vote)b
 G  Czech Social Democratic Party (CSSD)
45
 -
1
24
  Civic Democratic Party (ODS)
13
30
4
10
  Communist Party of Bohemia and Moravia (KSČM)
22
4
2
13
 G  Christian and Democratic Union – Czechoslovak People's Party (KDU–ČSL) -
19
 -
2
 G  Freedom Union – Democratic Union (US–DEU)
5
1
 -
4
  Nezařazení ('Non-Inscrit')c
1
 - - -
Total 86 54 7 53
a. Based on the translation from Google Translate.
b. Key: (N) = Nepřihlášen; (E) = Excused.
c. Based on the translation from this site.


On 26 January 2006, it was passed by the Senate (65 for, 14 against).[14][15]

On 16 February 2006, President Václav Klaus vetoed the bill.[16][17][18] In response, 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 15 March 2006 with the exact number of votes needed (101) out of 177 votes cast.[19][20][21][22]

15 March 2006 vote in the Chamber of Deputies of the Czech Republic[23]
Party Voted for Voted against Abstained Nepřihlášen ('Not logged in')a/Excused (Did Not Vote)b
 G  Czech Social Democratic Party (CSSD)
66
2
1
1
  • Eva Nováková (N)
  Civic Democratic Party (ODS)
2
26
14
15
  Communist Party of Bohemia and Moravia (KSČM)
26
9
3
3
 G  Christian and Democratic Union – Czechoslovak People's Party (KDU–ČSL) -
20
 -
1
 G  Freedom Union – Democratic Union (US–DEU)
7
 - -
3
  Nezařazení ('Non-Inscrit')c - -
1
 -
Total 101 57 18 21
a. Based on the translation from Google Translate.
b. Key: (N) = Nepřihlášen; (E) = Excused.
c. Based on the translation from this site.

In September 2014, a group of deputies introduced a bill to allow stepchild adoption by same-sex couples.[24] In October 2014, the Government decided to not take a stance on the bill.[25] On 24 October 2016, the Government approved its own draft bill on the issue, and introduced it to Parliament on 8 November.[26][27][28][29][30]

Same-sex marriage

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.

The Green Party and the Pirate Party expressed support for same-sex marriage in their 2017 electoral programs.[31][32]

Following the adoption of a same-sex marriage law by the German Bundestag, Zbyněk Stanjura, deputy of the Civic Democratic Party (ODS), suggested that his party could agree to a free vote in Parliament.[33]

Before the October 2017 election, LGBT activists started a campaign called "We Are Fair" (Czech: Jsme fér) to achieve same-sex marriage within the next four years.[33][34] The campaign also asked all candidates for the Chamber of Deputies for their position on same-sex marriage. 82 of the 200 elected MPs (some MPs did not answer) are supportive of same-sex marriage: 38 (out of the 78) ANO 2011 MPs, 1 (out of the 25) ODS MPs, 18 (out of the 22) Pirate MPs, 5 (out of the 15) Communist MPs, 10 (out of the 15) Social Democrat MPs, 1 (out of the 10) Christian Democrat MPs, 4 (out of the 7) TOP 09 MPs and 5 (out of the 6) STAN MPs. No SPD MP supported legalising same-sex marriage.[35]

Prime Minister Andrej Babiš supports the legalisation of same-sex marriage.[36]

On 12 June 2018, a bill to legalise same-sex marriage, sponsored by 46 deputies, was introduced to the Chamber of Deputies.[37][38] In response, three days later, a group of 37 deputies proposed a constitutional amendment to define marriage as the union of a man and a woman.[39][40] The bill allowing same-sex marriage requires a simple majority in the Chamber of Deputies, whereas constitutional amendments require 120 votes. On 22 June 2018, the Government announced its support for the same-sex marriage bill.[41][42][43] The "We Are Fair" campaign presented 70,350 signatures in support of same-sex marriage to the Chamber of Deputies in late June.[44]

2018 European Court of Justice ruling

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

On 5 June 2018, the European Court of Justice ruled that all EU countries that do not recognise same-sex marriages (including the Czech Republic) 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.[45][46][47] 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.[48][49]

Statistics

By June 2009, 780 registered partnerships had been conducted in the Czech Republic.[50] By the end of 2010, that number was 1,111, 66 of which had been annulled.[51]

In the 2011 census, 2,055 people reported being in a registered partnership.[52]

By December 2015, 2,174 registered partnerships had been performed in the country. Of these, 1,439 were between male couples and 735 were between female couples.[53]

2,647 same-sex couples had entered into registered partnerships by June 2018.[44]

Public opinion

In 2007, 36% of Czechs supported the legalisation of same-sex marriage, while 57% were opposed.[34]

A May 2017 opinion poll found a 52% majority in favour of legalising same-sex marriage.[33]

A Median poll, conducted in February 2018 (and published in April), found that 75% of Czechs supported the right of gay and lesbian couples to marry, while 19% were opposed. 13% believed that legalising same-sex marriage would threaten opposite-sex marriages, and 8% believed it would threaten them personally. Additionally, 61% of Czechs were in support of same-sex adoptions.[54][55]

See also

References

  1. ^ Template:Cz icon No. 115/2006 Coll.
  2. ^ Nearly weds
  3. ^ Gay marriage legalized
  4. ^ Prague Archived 2015-06-30 at the Wayback Machine
  5. ^ CZECH REPUBLIC: NO MARRIAGES FOR GAYS AND LESBIANS
  6. ^ Gay-marriage bill is rejected
  7. ^ NO TO REGISTERED PARTNERSHIP IN CZECH REPUBLIC
  8. ^ Czech Gay Bill Drafted
  9. ^ Gay marriage not likely in Czech Republic
  10. ^ Equality for same-sex couples
  11. ^ Czech Gay and Lesbian League upset about repeated rejection of same sex partnerships
  12. ^ Czech MPs approve law on same-sex partnerships
  13. ^ "51. schůze, 933. hlasování, 16. prosince 2005, 10:26 (Návrh zákona o registrovaném partnerství)" (in Czech). 16 December 2005. Retrieved 22 January 2017.
  14. ^ Bill on single sex partnerships makes it through both houses of Parliament
  15. ^ Czech Gays Get Partner Rights
  16. ^ Czech Republic President Vetoes Gay Union Bill
  17. ^ Gay groups angered by president's veto of registered partnership bill
  18. ^ Czech President Vetoes Gay Partner Bill
  19. ^ Czech Parliament Overrides Veto, Passes Gay Partner Law
  20. ^ Czech MPs approve gay rights law
  21. ^ Czech Parliament Overrides Veto, Passes Gay Partner Law
  22. ^ Same-sex registered partnerships to be introduced after deputies override presidential veto
  23. ^ "54. schůze, 311. hlasování, 15. března 2006, 18:17 (Návrh zákona o registrovaném partnerství)" (in Czech). 15 March 2006. Retrieved 23 January 2017.
  24. ^ Template:Cz icon Sněmovní tisk 320 Novela z. o registrovaném partnerství
  25. ^ Template:Cz icon Vláda se neshodla na novele o adopci registrovanými partnery
  26. ^ Template:Cz icon Vláda schválila novelu zákona o NKÚ a novelu zákona o registrovaném partnerství
  27. ^ Template:Cz icon Vláda schválila novelu zákona o registrovaném partnerství v otázce osvojení dítěte
  28. ^ Government approves bill on adoption of biological children in same-sex couples
  29. ^ Template:Cz icon Vláda odsouhlasila osvojování dětí pro homosexuální páry. Má jim zjednodušit každodenní život
  30. ^ Template:Cz icon Sněmovní tisk 957 Novela z. o registrovaném partnerství
  31. ^ Template:Cz icon Manželství pro všechny
  32. ^ Template:Cz icon Nová Sněmovna má 82 férových poslanců
  33. ^ a b c Door Opens to Achieving Marriage Equality in Czech Republic
  34. ^ a b Gays, lesbians launching campaign for marriage
  35. ^ Template:Cz icon Známe férové poslankyně a poslance!
  36. ^ Template:Cz icon Andrej Babiš podpoří gay manželství. Diskutovat na toto téma bude v kině Varšava Zdroj
  37. ^ "Sněmovní tisk 201 - Novela z. - občanský zákoník". Chamber of Deputies of the Czech Republic. Retrieved 15 June 2018.
  38. ^ ""Důstojnost pro všechny". Poslanci navrhli, aby manželství mohli uzavírat i lidé stejného pohlaví" ["Dignity for all": Legislators suggest that marriage be opened to same-sex couples.]. lidovky.cz. 13 June 2018. Retrieved 14 June 2018.
  39. ^ Sněmovní tisk 211 - N. ústav. z. - Listina základních práv a svobod
  40. ^ Skupina poslanců odmítá sňatky pro homosexuály. Svazek muže a ženy chce chránit ústavně
  41. ^ Manželství místo partnerství. Vláda podpořila sňatky pro homosexuályl
  42. ^ Manželství budou moci podle Babišovy vlády uzavřít i homosexuálové
  43. ^ Czech government backs bill on same-sex marriage
  44. ^ a b Petition for same-sex marriage passed to lawmakers
  45. ^ EU states must recognize foreign same-sex marriages: court, Reuters, 5 June 2018
  46. ^ Rights for same-sex married couples to move around the EU confirmed in landmark ruling, Yahoo News, 6 June 2018
  47. ^ Alina Tryfonidou (7 June 2018). "Rights for same-sex married couples to move around the EU confirmed in landmark ruling". The Conversation.
  48. ^ "Same-sex spouses have equal residency rights". BBC News. 6 June 2018.
  49. ^ JUDGMENT OF THE COURT (Grand Chamber) 5 June 2018
  50. ^ Archive for Gay Life Statistics in Czech Republic
  51. ^ Template:Cz icon Česko má 1111 registrovaných partnerství Archived 2011-05-18 at the Wayback Machine
  52. ^ Preliminary Census Results
  53. ^ Thousands of Czechs enter registered partnership
  54. ^ Poll: Most Czechs for same-sex marriages
  55. ^ Poll finds overwhelming support for equal marriage in Czech Republic, PinkNews, 20 April 2018
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