Recognition of same-sex unions in Slovakia
The Constitution of Slovakia limits marriage to opposite-sex couples. There is no legal recognition of same-sex couples in Slovakia.
Bills to recognise same-sex partnerships were introduced three times, in 1997, in 2000 and in 2012, but were rejected.
Registered partnership
In 2008 and 2009, the LGBT rights group Iniciatíva Inakosť launched a public awareness campaign for the recognition of registered life partnerships (Životné partnerstvo) between same-sex couples. In January 2008, LGBT rights activists met with the Deputy Prime Minister, Dušan Čaplovič, to discuss this proposal. Throughout 2008, Iniciatíva Inakosť also held a number of public discussions regarding registered partnerships.[1] The Green Party supports registered partnerships for same-sex couples.[2]
In March 2012, the Freedom and Solidarity announced that it will submit draft law on registered partnerships.[3] On August 23, the registered partnership bill was submitted to parliament. Had the bill been approved, same-sex couples would have had similar rights and obligations as married couples, including alimony, inheritance, access to medical documentation and the right to a widow´s/widower´s pension. Hovewer, the bill would not allow same-sex couples to adopt children.[4][5] On September 19, the ruling party Direction - Social Democracy announced that it would vote against legalising registered partnership.[6] The bill was rejected in 14-94 vote.[7]
Same-sex marriage
In January 2014, Christian Democratic Movement (KDH) announced that it would submit a draft law to ban same-sex marriage.[8] In February 2014, Minister of Culture Marek Maďarič said there are enough Direction - Social Democracy party MPs who are for constitutional definition of marriage.[9] 40 opposition Members of Parliament introduced a draft law to ban same-sex marriage to the National Council.[10] Slovakia´s social democratic Prime Minister Robert Fico said "Smer is willing to support the amendment in exchange for the opposition's support for an amendment introducing changes in the judicial system."[11] The bill on same-sex marriage ban was passed in first reading in 103-5 vote.[12] The amendment could cause any laws on recognising same-sex couples adopted in the future to be unconstitutional.[13][14] In June 2014, it was passed in 102-18 vote.[15]
Referendum
In December 2013, a conservative civil initiative group "Alliance for Family" announced that it would demand constitutional definition of marriage as "a union between a woman and a man".[16] The Alliance intended to initiate a referendum on several topics. They demanded a ban on same-sex adoption, and prohibition of sex education in schools. They also suggested that other types of cohabitation should not be held equal to marriage between a man and a woman.[17][18] Activists from the Alliance also criticised Swedish company Ikea for its corporate magazine in which appeared two lesbians who are raising a son.[19]
In August 2014, the Alliance for Family collected more than 400,000 signatures for a petition to hold a referendum on 4 questions:[20]
1. Do you agree that no other cohabitation of persons other than a bond between one man and one woman can be called marriage?
2. Do you agree that same-sex couples or groups shouldn’t be allowed to adopt children and subsequently raise them?
3. Do you agree that no other cohabitation of persons other than marriage should be granted particular protection, rights and duties that the legislative norms as of March 1, 2014 only grant to marriage and to spouses (mainly acknowledgement, registration, or recording as a life community in front of a public authority, the possibility to adopt a child by the spouse of a parent)?
4. Do you agree that schools cannot require children to participate in education pertaining to sexual behaviour or euthanasia if their parents or the children themselves do not agree with the content of the education?
President Andrej Kiska asked the Constitutional Court to consider the proposed questions.[21] In October 2014, the Constitutional Court ruled that the third question was unconstitutional.[22]
A referendum asking the other three questions was held on February 7, 2015. All three proposals were approved, but the referendum was declared invalid due to insufficient turnout.
Public opinion
Public opinion has shifted in Slovakia in the past few years, becoming more favourable to granting rights to same-sex couples. According to a poll conducted in 2009, 45.0% of respondents supported same-sex registered partnerships, 41% were opposed, and 14% were unsure. Support for specific rights was higher, with 56% supporting the right of same-sex couples to jointly own property, 72% to access medical information about their partner and 71% supporting the right to bereavement leave.[1]
| Support for gay rights | 2008[1] | 2009[1] | 2012 [23] | 2015 [24] | ||||
|---|---|---|---|---|---|---|---|---|
| YES [%] | NO [%] | YES [%] | NO [%] | YES [%] | NO [%] | YES [%] | NO [%] | |
| "Same sex partnership" | 42 | 44.8 | 45 | 41 | 47 | 38 | 50.4 | 34.7 |
| "Mutual maintenance duty among partners" | 47.3 | 32.3 | 51 | 29 | 50 | 31 | - | - |
| "Right for tax benefits" | 40.7 | 43 | 43 | 39 | 45 | 38 | - | - |
| "Right for spousal pension for deceased partner" | 45.2 | 36.9 | 45 | 37 | 48 | 36 | - | - |
| "Access to information about medical condition of partner" | 64.2 | 21 | 72 | 16 | 75 | 15 | - | - |
| "Right to day-off if partner requires accompaniment to doctor" | 54.1 | - | 57 | - | 58 | - | - | - |
| "Right to bereavement leave" | 69.4 | - | 71 | - | 73 | - | - | - |
| "Right to mutual inheritance" | 58.1 | - | 56 | - | 60 | - | - | - |
| "Possibility to establish undivided co-ownership" | 54.5 | - | 56 | - | 57 | - | - | - |
| "Right to nursing benefit during care for sick partner" | 57.5 | - | 61 | - | 61 | - | - | - |
See also
References
- 1 2 3 4 , Iniciatíva Inakosť
- ↑ STRANA ZELENÝCH, 2012
- ↑ SaS predloží partnerstvá gejov Denník SME, 2012
- ↑ SaS proposes same-sex registered partnership Denník SME, 2012
- ↑ Návrh zákona o registrovanom partnerstve
- ↑ Vládny Smer-SD registrované partnerstvá homosexuálov nepodporí
- ↑ Slovak parliament rejects gay partnership law
- ↑ KDH chce v Ústave definovať manželstvo ako zväzok muža a ženy
- ↑ Podľa Maďariča je správne, aby spoločnosť podporovala tradičnú rodinu
- ↑ Návrh skupiny poslancov NR SR na vydanie ústavného zákona, ktorým sa mení a doĺňa zákon č. 460/1992 Zb. Ústava Slovenskej republiky v znení neskorších predpisov
- ↑ Slovakia mulls constitutional ban on same-sex marriage
- ↑ Hlasovanie podľa klubov
- ↑ Hrušovský: Ak Ústava prejde, gayovia nedostanú práva ako manželstvo
- ↑ Activists protest constitutional amendment on marriage
- ↑ Poslanci zmenili Ústavu, manželstvo dostalo ochranu
- ↑ Aliancia za rodinu: Manželstvo má byť ideál
- ↑ Aktivistom sa veta o manželstve máli Zbierajú podpisy za referendum
- ↑ Aliancia za rodinu organizuje petíciu na referendum Chce zastaviť devalváciu tradičného manželstva
- ↑ Traditional family advocates criticise Ikea
- ↑ Anti-gay referendum petitions has signatures
- ↑ Constitutional Court to review referendum on family
- ↑ Cez ustavny sud presli tri otazky referenda o rodine
- ↑ Public opinion 2012 Iniciatíva Inakosť, 2012
- ↑ Alternatívu k manželstvu podporuje väčšina spoločnosti Poll by the Focus, 2015