Lawmakers in Lithuania face pressure after court ruling accepting same-sex partnerships
Unleashing the Lithuanian Legislative Labyrinth: Same-Sex Partnerships
In the wake of the Constitutional Court ruling that banning same-sex couples from entering partnerships is discriminatory, Lithuania's parliament finds itself at a crossroads, grappling with mounting pressure to regulate these unions.
Mercifully, some lawmakers propose adopting legislation from the previous parliamentary term, such as a Civil Partnership Law or a more limited Close Relationship Law. Yet, others argue that these proposals could once again potentially infringe upon the Constitution due to the court's emphasis on wider rights for couples.
Curiously, same-sex couples can currently seek partnership recognition through the courts, but legal experts warn that the process could still drag on for at least four to five months.
"We foresee a simplified court process, given the upcoming summer recess and courts' schedules. I estimate the process would still take about four to five months," said Karolis Kurapka, partner at Constat law firm.
The enigma surrounding same-sex partnerships doesn't end with a court ruling. It remains murky which specific rights would be granted, as there is no substantive legal framework for these unions.
"The essence of partnerships, even if registered, remains elusive," said Mindaugas Kukaitis, chair of the Lithuanian Bar Association.
Further complications arise when considering issues such as surname rights and child support. Couples would still need to prove their relationship in court, unlike married couples who automatically acquire these rights through marriage.
"The Constitutional Court hints at broader rights too - those related to children, inheritance, and similar matters," Kurapka said, underscoring the need to fill the legal vacuum until legislation is passed, while respecting and upholding the rights of all families.
While the parliament is responsible for regulating partnerships through legislation, exactly how it will choose to do so remains a hotly debated topic.
"Following the ruling, partnerships, regardless of the gender of the couple, are effectively legalized in Lithuania. However, the law does not yet define how partnerships are established, dissolved, or the rights they entail," said Laurynas Šedvydis, a member of the Lithuanian Social Democratic Party and chair of the parliament's Human Rights Committee.
The Justice Ministry is already preparing draft amendments that would later be evaluated by parliamentary factions, potentially paving the way for new legislation. But reaching a consensus may prove challenging, given the varying opinions within the factions.
From the farming and religious realms, Ignas Vėgėlė has introduced a bill to eliminate all Civil Code provisions related to partnerships, effectively nullifying the Constitutional Court's decision. Some liberal politicians believe returning to the previously proposed Civil Partnership Law would be the quickest and cleanest solution.
Meanwhile, another option on the table is the Close Relationship Law, introduced by conservative lawmaker Paulius Saudargas. This bill would regulate the legal aspects of relationships but avoid references to "family." Some argue amending this bill to better define property relations could serve as a compromise.
Yet, there is debate among conservative factions about Saudargas' bill, with some cautiously supporting it, while others are divided on the matter. Adopting the Close Relationship Law could potentially lead to another Constitutional Court challenge, warns Mindaugas Linge, leader of the Homeland Union's parliamentary group.
Some like Social Democrat Laurynas Šedvydis contend that neither the Civil Partnership nor the Close Relationship Law would suffice. The Constitutional Court's decision creates a new avenue for equality, but finding a lasting solution appears to be a complex and elusive puzzle.
Meanwhile, Remigijus Zemaitaitis of the Nemunas Dawn party argues that the parliament should heed the Constitutional Court's ruling but engage in no further action. In his view, politicians may have been perceived as foolish by the Court in the face of this ruling.
It remains unclear whether same-sex couples will find quicker relief through court proceedings or legislative action in the coming months. Parliament must reflect on whether it wants to delay and allow rights to be shaped outside of its control or take the lead in shaping future regulatory standards. The stakes are high, and the clock is ticking.
- The Lithuanian parliament finds itself in the center of general-news and politics, as they are tasked with deciding on the regulation of same-sex unions following the Constitutional Court's ruling.
- As the parliament debates various options, such as the Civil Partnership Law and the Close Relationship Law, the future of same-sex partnerships in Lithuania remains uncertain, leaving the topic as a subject of ongoing political discussion and general-news.
