LGBT rights in San Marino

LGBT rights in San Marino
Location of  LGBT rights in San Marino  (green)

in Europe  (dark grey)  –  [Legend]

Same-sex sexual intercourse legal status Legal since 1864
Homosexual activity causing a public scandal criminalised in 1975, repealed in 2004
Discrimination protections Yes, protections for sexual orientation and gender identity
Family rights
Recognition of
relationships		 Unregistered cohabitation since 2012
(only for immigration purposes)
Adoption No[1]

Lesbian, gay, bisexual, and transgender (LGBT) persons in San Marino may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in San Marino, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Discrimination based on sexual orientation and gender identity is banned in San Marino. A popular initiative to legalise civil unions is currently being debated by the Sammarinese Parliament. Additionally, in December 2017, the Parliament approved a budget law which includes provisions legally recognising same-sex marriages performed between foreigners in the country.

Legality of same-sex sexual activity

In September 2004, Article 274 of the San Marinese Penal Code was repealed by Law No. 121 of 23 September 2004. Under this article, homosexual contacts could be punished with imprisonment from 3 months up to one year, if they had been engaged in "habitually" and thereby caused "public scandal".

The total ban on homosexuality was abolished in San Marino in 1864. In 1974, however, the San Marinese Parliament adopted a new penal code that came into force in 1975 and contained Article 274. There are no reports, however, that Article 274 was ever applied.[2] It was the only special provision on homosexuality in the San Marinese Penal Code.

The age of consent is equally set at 14 (the same as in Italy). Additionally (unlike in Italy), it is an offence to "incite a minor under 18 years to sexual corruption".

Recognition of same-sex relationships

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.[3]

Civil unions

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.[4]

In December 2017, after winning the November 2016 election, the center-left Government (consisting of United Left, Future Republic and Civic 10) committed itself to approving a civil union bill.[5] A popular initiative to legalise civil unions was introduced to Parliament on 18 December 2017, and passed its first reading on 7 March 2018.[6][7] 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.[8]

A public consultation took place on 6 April 2018.[9] The Government indicated that it would try to have the initiative passed as soon as possible.[10] On 27 September 2018, the Council Committee for Constitutional Affairs approved the bill by a 12-2 vote with some amendments: while allowing public ceremonies, the Committee renamed civil unions "registered unions" and conferred to the union only a limited set of rights pertaining to marriage (residency, citizenship, pension rights, healthcare, succession rights, and stepchild adoption rights).[11] The bill shall now go back to the Grand Council for its second reading.

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.[12] On 19 September 2014, Parliament debated and rejected the proposed changes on a vote of 35–15.[13] On 8 April 2015, the same man attempted to register his marriage in the country.[14]

In December 2017, the Sammarinese 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.[15][16]

Discrimination protections and hate crime laws

LGBT flag map of San Marino

On 28 April 2008, the Sammarinese Parliament approved amendments to the Penal Code, outlawing discrimination, hate crimes and hate speeches on the basis of sexual orientation.[17][18] The law took effect on 3 May 2008.[1][17]

According to the 2015 U.S. State Department's "Human Rights Report", San Marino law prohibits discrimination on the basis of race, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-positive status, or presence of other communicable diseases. The Government enforces these prohibitions.[19]

Blood donation

Gay and bisexual men are allowed to donate blood in San Marino.[20][21]

Living conditions

LGBT people in San Marino go unnoticed. As of 2010, there had never been public debates or conventions concerning LGBT rights by political figures or by the media.

Additionally, there are no reports of violence and hate crimes directed at the LGBT community.[21] Nevertheless, when LGBT groups in San Marino asked the Government to recognize 17 May as the International Day Against Homophobia, Transphobia and Biphobia, the Government rejected the proposition.[21]

Summary table

Same-sex sexual activity legal (Since 1864)
Equal age of consent
Anti-discrimination laws in employment only (Since 2008)
Anti-discrimination laws in the provision of goods and services (Since 2008)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Since 2008)
Hate crime laws include sexual orientation (Since 2008)
Same-sex marriages
Recognition of same-sex couples (e.g. civil unions) (For immigration purposes only; civil unions proposed)
Stepchild adoption by same-sex couples (Proposed)
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender
Commercial surrogacy for gay male couples
Access to IVF for lesbians
MSMs allowed to donate blood

See also

References

  1. 1 2 Rainbow Europe: San Marino
  2. ↑ LAW REFORM IN SAN MARINO
  3. ↑ San Marino axes medieval law to let gay couples live together
  4. ↑ (in Italian) San Marino. Unioni civili, presto sul tavolo tre bozze di legge
  5. ↑ (in Italian) San Marino. Più uniti. Più forti. Tutto pronto per la fondazione di Sinistra Socialista Democratica
  6. ↑ (in Italian) Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"
  7. ↑ (in Italian) Migranti e unioni civili, il Titano è pronto
  8. ↑ (in Italian) San Marino. “Unioni civili, una legge esemplare e perfino migliore della nostra”
  9. ↑ (in Italian) Il pilastro sociale tra unioni affettive ed evoluzioni dell'amore
  10. ↑ (in Italian) San Marino, la proposta di legge popolare sulle unioni civili sarà presto ordine del giorno
  11. ↑ "Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian).
  12. ↑ "San Marino Considering Recognition Of Out Of State Marriages". Towleroad. 8 April 2014.
  13. ↑ "San Marino rebuffs same-sex marriage, abortion proposals". Gazzetta Del Sud. 19 September 2014.
  14. ↑ Chiesta a San Marino la prima trascrizione di matrimonio gay
  15. ↑ (in Italian) SAN MARINO DICE SÌ AL MATRIMONIO GAY. MA SOLO PER GLI STRANIERI
  16. ↑ (in Italian) A San Marino arriva il matrimonio egualitario, ma solo per gli stranieri
  17. 1 2 (in Italian) LEGGE 28 APRILE 2008 N.66
  18. ↑ (in Italian) RAPPORTO DELL’ECRI SU SAN MARINO
  19. ↑ SAN MARINO 2015 HUMAN RIGHTS REPORT
  20. ↑ "Associazione Sammarinesi Volontari del Sangue e degli Organi Informazioni al donatore" (in Italian). Retrieved 2016-02-07.
  21. 1 2 3 Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity Legal Report: San Marino


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