Recognition of same-sex unions in Europe

Laws regarding same-sex partnerships in Europe

  Same-sex marriage

  Other type of partnership

  Unregistered cohabitation

  Unrecognized

  Constitution limits marriage to opposite-sex couples

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Debate has occurred throughout Europe over proposals to legalize same-sex marriage as well as civil unions.

Currently 22 of the 51 countries in Europe recognize some type of same-sex unions, among them a majority of members of the European Union. Nine European countries legally recognize same-sex marriage, namely Belgium, Denmark, France, Iceland, the Netherlands, Norway, Portugal, Spain and Sweden. The United Kingdom law, which covers England and Wales only, will take effect on 29 March 2014. An additional fourteen have a form of civil union or unregistered cohabitation. San Marino only allows immigration and cohabitation of a citizen's partner. Several countries are currently considering same-sex union recognition.

The constitutions of Belarus, Bulgaria, Croatia, Hungary, Latvia, Lithuania, Moldova, Montenegro, Poland, Serbia and Ukraine define marriage as a union between a man and a woman.

Current situation

Status	Jurisdiction	Legal since	EU member
Marriage (10 jurisdictions)	Belgium	2003
	Denmark: Denmark proper	2012
	France	2013
	Iceland	2010
	Netherlands: Netherlands proper	2001
	Norway	2009
	Portugal	2010
	Spain	2005
	Sweden	2009
	United Kingdom: England & Wales	2014*
Other type of partnership (15 jurisdictions)	Andorra	2005
	Austria	2010
	Czech Republic	2006
	Finland	2002
	Germany	2001
	Hungary	2009
	Ireland	2011
	Isle of Man	2011
	Jersey	2012
	Liechtenstein	2011
	Luxembourg	2004
	Slovenia	2006
	Switzerland	2007
	United Kingdom: Northern Ireland Scotland	2005<br/ >2005
Unregistered cohabitation (1 jurisdiction)	Croatia	2003
No recognition (23 jurisdictions)	Albania	—
	Armenia	—
	Azerbaijan	—
	Bosnia and Herzegovina	—
	Cyprus	—
	Denmark: Faroe Islands	—
	Estonia	—
	Georgia	—
	Gibraltar	—
	Greece	—
	Guernsey	—
	Italy	—
	Kazakhstan	—
	Kosovo	—
	Macedonia	—
	Malta	—
	Monaco	—
	Romania	—
	Russia	—
	San Marino	—
	Slovakia	—
	Turkey	—
	Vatican City	—
Constitutional ban on marriage (11 countries)	Belarus	—
	Bulgaria	—
	Croatia	—
	Hungary	—
	Latvia	—
	Lithuania	—
	Moldova	—
	Montenegro	—
	Poland	—
	Serbia	—
	Ukraine	—

* Not yet in effect

Future legislation

Same-sex marriage

The governments of Scotland and Luxembourg have introduced legislation which would permit same-sex marriage. The government of the Faroe Islands intends to do so in the near future. A citizen's initiative proposing same-sex marriage has received the required number of signatures and a vote is proposed in Finland. A referendum is proposed to allow a constitutional amendment in favour of same-sex marriage in Ireland.

Faroe Islands: A bill that would legalise same-sex marriage has been submitted to the Løgting in November 2013. An opinion poll in May 2013 showed a clear majority of the population support same-sex marriage.^[1]

Finland: In 2013, a proposal to legalise same-sex marriage with cross-party support was voted down by the Legal Affairs Committee in a 9–8 vote.^[2] However, following the rejection, a citizen's initiative by the Tahdon2013 campaign received the required number of signatures for the bill to be considered by parliament was collected. The collection of signatures ended in September 2013 and was sent to the Legal Affairs Committee afterwards, with proposals for a vote in 2014.^[3] A March 2013 survey by Taloustutkimus found that 58% of Finns supported same-sex marriage.^[4]

Ireland: Ireland will hold a referendum on the legalisation of same-sex marriage in the first half of 2015.^[5][6]

Luxembourg: In 2009, the government of Luxembourg confirmed its intention to allow same-sex couples to marry.^[7][8] In 2010, the government drafted a bill which would permit same-sex marriage^[9][10] and submitted it to the parliament.^[11] However, after delay and debate surrounding adoption rights, a vote was not held before early elections in October 2013 due to the government's resignation.^[12] The new government expects same-sex marriage to be legalised in the first trimester of 2014.

United Kingdom (Scotland): On 2 September 2011, the Scottish Government launched a consultation on the introduction of same-sex marriage, and removing the ban on civil partnership registrations taking place on religious premises.^[13] On 4 September 2012, in its Programme for Government, the Scottish Government announced that it would introduce a bill in the next Parliamentary session to allow same sex couples to get married, through religious and civil ceremonies, allow civil partnerships to be registered through religious and belief ceremonies, and make other changes to the law on marriage registration. A draft bill was published, consultation on which ended in March 2013.^[14] The Scottish Government introduced the bill before the Scottish Parliament on 26 June 2013.^[15][16] On 20 November, the Scottish Parliament passed the Marriage and Civil Partnership Bill through the first Stage by a 98-15 vote.^[17] On 4 February 2014, the bill was approved in a 105-18 vote and awaits for Royal Assent.^[18]

Civil unions, registered partnerships and cohabitation

The governments of Croatia, Cyprus, Gibraltar and Malta have all announced their intention to introduce legislation for civil unions, providing for some or all of the rights of marriage. The government of Estonia undertook a consultation on the recognition of same sex couples in 2012. Several bills, including ones for civil unions have been proposed for in Italy.

Croatia: The Croatian government led by Zoran Milanovic has also plans to introduce full civil unions in Croatia.^[19] Legislation is expected to be introduced till January 2014.^[20]

Cyprus: On 17 January 2013, then Interior Minister Eleni Mavrou said that her ministry was working on a bill creating civil partnerships.^[21] In February 2013, then government accepted the draft bill.^[22] In March 2013, newly elected president Nicos Anastasiades and his government reaffirmed their support for the bill.^[23] On 18 December 2013, the spokesman of the government Christos Stylianides said the government is preparing a bill on cohabitation and will amend the Criminal Code to criminalize homophobic rhetoric.^[24]

Estonia: The minister of Justice of Estonia has said that a project of law to legalize civil unions for same sex couples has already been prepared, although the government has not yet responded to its consultation on the recognition of same sex couples which ended in October 2012. Estonia would become the first ex-Soviet member of the European Union to recognize family rights for gay couples.^[25]

Italy: On 28 April 2013 the Letta Government, a grand coalition cabinet, was formed by some members from PD, PdL and SC. Only the Democratic Party pledged its support to same-sex relationship recognition during the political campaign. On 10 May 2013 the Equalities Minister, Josefa Idem (PD), said that she will introduce a bill which will recognise same-sex unions and cohabitants rights.^[26] On December 2013, the new leader of PD, Matteo Renzi, spoke in favor of civil partnerships during a party assembly. On 20 December 2013 the "Civil Union and Cohabitation agreement bill" was introduced into the Senate, and will be disscussed in January 2014.^[27]

Malta: The Labour Party which won a majority in the March 2013 election has pledged to introduce civil unions.^[28] In September 2013, the government of Malta introduced legislation into the Parliament of Malta which would establish civil unions with the same rights as marriage.^[29]

Poland: On January 29, 2013, the Democratic Left Alliance (SLD) submitted to the Polish Parliament a new draft law on registered relationship (the previous draft law with minor changes), which will regulate the relationship of same-sex and opposite-sex couples.^[30][31] Similarly, on July 1, 2013 the Palikot's Movement (RP) re-submitted its own previous draft law.^[32][33] Also, the Civic Platform (PO) will submit to the Parliament its own draft law on "partnership agreement" (more conservative as the previous draft law).^[34]

The European Union: Debate has occurred throughout the European Union over a proposal which would require each member to legally recognize each other's same-sex marriages as well as any member's civil unions and registered partnerships.^[35][36]

Public opinion

Public support for same-sex marriage from EU member states as measured from a 2006 poll is the greatest in the Netherlands (82%), Sweden (71%), Denmark (69%), Spain (66%), Belgium (65%), Luxembourg (58%), Finland (54%), Germany (52%) and the Czech Republic (52%).^[37] However, other polls have also placed Germany and France between 54% to 65%,^[38] the UK at 61%.^[39]

After the approval of same-sex marriage in Portugal in January 2010, 52% of the Portuguese population stated that they were in favor of the legislation.^[40] In 2008 58% of the Norwegian voters supported the Marriage Act, which was introduced in the same year, and 31 percent were against it.^[41] In January 2013 54.1% of Italians respondents supported same-sex marriage.^[42] In a late January 2013 survey 77,2% of Italians respondents supported the recognition of same-sex unions.^[43]

In Ireland, a 2008 survey revealed 84% of people supported civil unions for same-sex couples (and 58% for same-sex marriage),^[44] while a 2010 survey showed 67% supported same-sex marriage^[45] by 2012 this figure had risen to 73% in support ^[46]

In Croatia, a poll conducted in June 2013 revealed that 55,3% of Croats think that marriage should be constitutionally defined as a union between a man and a woman, while 31,1% do not agree with the idea.^[47]

In Poland a 2013 public poll revealed that 70% of Poles reject the idea of registered partnerships.^[48] Another survey in February 2013 revealed that 55% were against and 38% of Poles support the idea of registered partnerships for same-sex couples.^[49]

In comparison, support tends to be the lowest in Bulgaria, Cyprus, Greece, Latvia and Romania. The average percentage of support for same-sex marriage in the European Union as of 2006 when it had 25 members was 44%, which had descended from a previous percentage of 53%. The change was caused by more socially conservative nations joining the EU.^[37]

See also

• LGBT rights in Europe
• LGBT rights in the European Union

References