Tech & Rights

After Oliari, Partnership Debate in Lithuania Gets Serious

Supporters of same-sex partnerships in Lithuania hope a historic Strasbourg decision will help push Lithuania to join the many EU countries that give this legal protection to same-sex couples.

by Meta Adutaviciute
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"The minister was wrong," the largest Lithuanian news site announced following the European Court of Human Rights judgment in Oliari and Others v. Italy.

"The minister" is Juozas Bernatonis, Lithuania's minister of justice, who several months ago declared his willingness to introduce registered partnerships "between a man and a woman," while adding that for same-sex couples, partnership was irrelevant. They were "too few" and more propaganda than real people, he said, causing an outrage within the Lithuanian LGBT* community.

International movement

Meanwhile, supporters of same sex partnership in Lithuania are already calling the Oliari judgment "historic." On July 21, the Strasbourg court ruled the Italian government must provide same-sex couples with legal protection such as partnership laws.

The court also recognized the growing international pro-LGBT* movement's influence on its decision. Twenty-four out of 47 European Council countries, mostly EU member states, give legal recognition to same-sex couples, and Lithuania is not among them.

Work to do

"We are now in a minority," claims Natalija Bitiukova, deputy director of Human Rights Monitoring Institute in Lithuania. "The legal situation here is very similar to that of Italy, because partnership is inaccessible to both, same-sex as well as hetero couples, and marriage is legal for hetero couples only. Some said, 'Why not use contracts to regulate same sex relationships?' but now it's clear this can't be a solution, because the court ruled Italy's cohabitation rights as insufficient legal protection.”

Would a similar case against Lithuania succeed before the ECtHR? Bitiukova says the court gave considerable weight to Italy's national context. "Italians widely support recognition of same-sex partnership, and Italy's highest courts have time and again urged the Parliament to adopt relevant laws. To achieve this kind of success, we still have some work to do."

'Stay neutral'

Indeed, public moods in Lithuania are incomparable to those in Italy. Eighty-two percent of Lithuanians oppose same-sex marriage, the highest figure in the EU. Homophobia remains one of the most widespread forms of intolerance. More than 50 percent wouldn't even lease their flat to a homosexual.

Almost half would "stay neutral" when hearing someone express insulting and degrading views towards homosexuals, while 5 percent would "enthusiastically join in." Only 12 percent choosing to openly oppose such behavior.

Opposing bills

However, support for the LGBT* community is growing stronger, and not only among the younger generation and local celebrities, but also in the Parliament.

In March, a group of MPs registered their own draft bill recognizing same-sex partnership, a complete opposite to the minister's draft, which has also been approved for parliamentary consideration despite experts warning of its discriminative nature.

With two opposing bills on the agenda, it looks like same-sex partnership will be one of the key debates in the Lithuanian Parliament's autumn session, and Oliari judgment may at least change the tone of the debates, if not their outcome.

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