Recognition of same-sex unions in Latvia

Legal status of same-sex unions
Marriage
Performed

Argentina
Australia
Austria*
Belgium
Brazil
Canada
Colombia
Costa Rica+
Denmark
Finland
France
Germany
Iceland
Ireland
Luxembourg
Malta
Mexico:
· 12 states & CDMX
Netherlands1
New Zealand2
Norway
Portugal
South Africa
Spain
Sweden
Taiwan+
United Kingdom3
United States4
Uruguay

Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
  6. When performed in the Netherlands proper
  7. If performed before 1 June 2018
  8. Registration schemes open in all jurisdictions except Hualien County, Penghu County, Taitung County and Yunlin County

* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

LGBT portal

Latvia does not recognize same-sex unions, either in the form of partnership or marriage. The Latvian Constitution prohibits the recognition of same-sex marriages.

Partnership

On 23 September 1999, the Latvian National Human Rights Office presented a registered partnership bill to the Saeima (Parliament). On 28 September 1999, the proposal was sent to the Human Rights and Public Affairs Commission of the Saeima for discussion.[1][2] On 30 November 1999, the commission rejected the bill.[3]

In January 2012, the Ombudsman's Office (the renamed National Human Rights Office since 2007) recommended to the Parliament to not introduce same-sex registered partnerships.[4] However, after Baltic Pride in June 2012, it was revealed that the Ministry of Justice was considering whether to recognise same-sex partnerships, either through unregistered cohabitation or registered partnership. Defence Minister Artis Pabriks indicated his support of registered partnerships.[5] Mozaika, Latvia's largest gay rights organisation, predicted that it would take approximately five years to obtain enough political support to pass the bill.[6]

Laws regarding same-sex partnerships in Europe
  Marriage¹
  Foreign marriages recognized¹
  Other type of partnership¹
  Unregistered cohabitation¹
  Unrecognized
  Constitution limits marriage to opposite-sex couples

¹ May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.

In November 2014, while commenting on the declaration by the Minister for Foreign Affairs Edgars Rinkēvičs that he is gay and on his call for recognition of same-sex relationships, Prime Minister Laimdota Straujuma reaffirmed her support for the constitutional prohibition on same-sex marriage. She also admitted that "Latvian law has not yet resolved the question of partner-relationships", explaining that non-recognition of unmarried couples affects many in Latvia regardless of sexual orientation and that protection of such families needed to be discussed by both the community and the Saeima.[7]

On 30 January 2015, Veiko Spolītis, an MP from the Straujuma's Unity party submitted a bill to modify the Civil Code to legalise recognised partnerships. The proposed law would allow "any two persons" to register their partnership and have almost the same rights and obligations as married couples.[8][9] The proposal was rejected by the Legal Affairs Committee on 24 February 2015.[10][11]

On 23 March 2015, For Latvia's development chairperson, Juris Pūce, launched a signature collection campaign on ManaBalss.lv for the adoption of a cohabitation law in Latvia.[12] The draft bill stated that the registration of couples' cohabitations would secure equal rights to all members of society, regardless of gender. The signatures were submitted to the Saeima in January 2018. In March 2018, the Mandate, Ethics and Submissions Committee (Mandātu, ētikas un iesniegumu komisija) recommended that the initiative be rejected by the Saeima. 5 out of the 9 deputies voted to recommend rejection, while others wanted to send it for further consideration.[13]

Marriage

Constitution

In December 2005, the Saeima voted 65-5 to approve an amendment to the Constitution, banning same-sex marriage.[14]

On 27 May 2016, the Constitutional Court of Latvia overturned an administrative court decision to refuse an application to register a same-sex marriage in the country. A Supreme Court press spokeswoman said that the court agrees with the administrative court that current regulations do not allow for same-sex marriages to be legally performed in Latvia. However, the matter should have been considered in a context not of marriage, but of registering familial partnership. Furthermore, it would have been impossible to conclude whether the applicants' rights weren't violated unless their claim is accepted and reviewed in a proper manner.[15] The Supreme Court will now decide whether the refusal was in breach of the Latvian Constitution and the European Convention on Human Rights.

2018 European Court of Justice ruling

On 5 June 2018, the European Court of Justice ruled that all EU countries that do not recognise same-sex marriages (including Latvia) 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.[16][17][18] 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.[19][20]

Public opinion

The 2015 Eurobarometer found that 19% of Latvians supported same-sex marriage.[21]

See also

References

  1. ↑ LATVIA: PARTNERSHIP LAW PRESENTED TO THE MEDIA AND SENT TO PARLIAMENT
  2. ↑ LATVIA: PROGRESS ON PARTNERSHIP LAW
  3. ↑ LATVIA KILLS PARTNER MEASURE
  4. ↑ (in Latvian) Letter No. 1-8/4 to parliamentary committees on human rights and legal affairs by the Ombudsman J. Jansons 26 January 2012
  5. ↑ (in Latvian) "Pabriks: Latvijas likumdošanu nevar balstīt uz stereotipiem un idejām par politikas un baznīcas vienotību". Delfi.lv. 2 June 2012. Retrieved 11 April 2014.
  6. ↑ (in Latvian) ""Mozaīka" prognozē partnerattiecību likuma pieņemšanu tuvākajā piecgadē". Kasjauns.lv. 7 May 2012. Retrieved 11 April 2014.
  7. ↑ (in Latvian) "Straujuma: Latvijā jārada tiesisks regulējums visu veidu partnerattiecībām". Kasjauns.lv. 7 November 2014. Retrieved 9 November 2014.
  8. ↑ (in Latvian) "Saeimā iesniedz priekšlikumu par partnerattiecību legalizāciju". Latvijas Sabiedriskie mediji. 30 January 2015. Retrieved 8 February 2015.
  9. ↑ "Latvian Parliament to consider gender neutral partnership law in 2015". Gay Star News. 9 February 2015. Retrieved 13 February 2015.
  10. ↑ (in Latvian) "Noraida Spolīša rosinājumu ieviest dzimumneitrālu partnerattiecību institūtu". Latvijas Sabiedriskie mediji. 24 February 2015.
  11. ↑ (in Latvian) "Saeimā noraida rosinājumu ieviest dzimumneitrālu partnerattiecību institūtu". TV NET. 24 February 2015.
  12. ↑ "Coalition sceptical about approving Cohabitation law". BNN. 24 March 2015.
  13. ↑ (in Latvian) Saeimas Mandātu, ētikas un iesniegumu komisija šodien aicina Saeimai noraidīt iniciatīvu par Kopdzīves likumu!
  14. ↑ "Latvia cements gay marriage ban". BBC. December 15, 2005.
  15. ↑ "Supreme Court rules same-sex marriage request will be considered". Public broadcasting of Latvia. 27 May 2016.
  16. ↑ EU states must recognize foreign same-sex marriages: court, Reuters, 5 June 2018
  17. ↑ Rights for same-sex married couples to move around the EU confirmed in landmark ruling, Yahoo News, 6 June 2018
  18. ↑ Alina Tryfonidou (7 June 2018). "Rights for same-sex married couples to move around the EU confirmed in landmark ruling". The Conversation.
  19. ↑ "Same-sex spouses have equal residency rights". BBC News. 6 June 2018.
  20. ↑ JUDGMENT OF THE COURT (Grand Chamber) 5 June 2018
  21. ↑ DISCRIMINATION IN THE EU IN 2015
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