Updated history of same-sex partnership legislation in the Czech Republic
20/03/2006
By
Gay and Lesbian League
In 1992/3, the Cabinet drafted a set of amendments to the Civil Code, the articles on same sex relations were rejected, however.
In 1995, two Civic Democratic Party Deputies presented a same sex partnership bill (it only contained inheritance rights and the right to the common use of rented apartment). Its discussion was postponed several times and eventually never took place due to parliamentary elections.
In 1997, a comprehensive Bill was presented by deputies of the Communist Party, Social Democratic Party and Civic Democratic Party. The Bill referred to the family law, explicitly excluding the possibility of common upbringing and adoption of children. The Cabinet assumed a negative position and the Chamber of Deputies, after an extensive first reading, decided to turn the Bill down.
In 1999 another, more precise bill was presented by representatives of all parliamentary political parties except the Christian Democrats. The Cabinet supported the Bill but the Chamber of Deputies dismissed it in the second reading.
In 2000, following the initiative of the Government's Human Rights Council, the Ministry of Justice drafted a very thorough and detailed Cabinet Bill. The Chamber of Deputies unexpectedly rejected it straight in first reading. It returned to the Cabinet for revision, which never materialised as it was interrupted by parliamentary elections in 2002.
In 2003, the Ministry of Justice drafted a new Bill. It was never considered by the Cabinet and Prime Minister Spidla proposed for the bill to be presented as a Deputies' initiative.
In April 2004, representatives of all parliamentary political parties except the Christian Democrats drafted a new Bill, based on the Ministry of Justice proposal, taking into account the comments by Gay and Lesbian League. The Cabinet did not express a positive view. The Bill passed through the first reading in the Chamber of Deputies in June 2004, the second reading in September and the third in October of the same year. However, due to a technical error, the bill returned back to the second reading for amendments which were discussed in November 2004. In the final, repeated third reading on 11th February 2005 the Chamber of Deputies turned the bill down with 82 Deputies voting in favour of the Bill, 65 against, 18 abstaining and 35 absent. Given the fact that the quorum was 83 (i.e. a majority from 165 present Deputies), the Bill was turned down only by a single vote. As a result of this only very close vote and aware of the upcoming parliamentary elections (due in June 2006), the Gay and Lesbian League decided to ask the supporters of registered partnership from among the Deputies to present a slightly amended version again.
In April 2005, again representatives of all parliamentary political parties except the Christian Democrats submitted a new Bill to the Chamber of Deputies. The Cabinet, urged by Christian Democrats, proposed amendments to the Bill, which would cancel some of the rights that the partners could originally enjoy (these amendments were not taken into consideration and did not pass). The first reading took place in June 2005, followed by the second as well as third reading in December of the same year. The third reading on 16th December 2005 witnessed a clear majority of supporters of the Bill, with 86 Deputies voting in its favour, 54 against, 7 abstaining and 35 absent. This was the first time ever that a same-sex partnership Bill was adopted by the Chamber of Deputies and could continue its way through the legislative process.
In mid-January 2006, the Bill was thoroughly discussed by three committees of the Senate (i.e. Upper chamber of the Czech Parliament). One committee recommended the Bill to be passed, the two other did not take any position as they consisted of a balanced number of opposing and agreeing Senators. The plenary session was expected to be very dramatic as the Senate is dominated by right-wing conservative parties (Civic Democrats and Christian Democrats) but its decision, taken on 26th January 2006 was a very pleasant surprise – 45 Senators in favour of the Bill, 14 against, 6 abstaining and 16 absent. Thus, the registered partnership acquired the support of the majority of Civic democratic Senators and even two Christian Democrats.
In early February 2006, the Bill was submitted to President Vaclav Klaus for signature. President Klaus, a conservative Civic Democrat, expressed his strong dissatisfaction with the Bill as it “raises same-sex partnerships to the level of marriages“, although marriages according to his opinion are here to protect the family and give birth to children. On 16th February 2006, President Klaus applied his constitutional right of veto and returned the Bill to the Chamber of Deputies.
As a result of this veto, Prime Minister Paroubek (Social Democrat) expressed his support to the Bill and urged all Social democratic Deputies to outvote the presidential veto (which can be done only by a majority of the entire Chamber, i.e. a minimum of 101 votes). In response, Civic democratic supporters of the Bill accused the Prime Minister of politicising the issue of registered partnership due to the upcoming parliamentary elections. A majority of the twelve Civic democratic supporters of the Bill from among the Deputies stated that they would not support it any more (including one of the Civic democratic sponsors of the Act).
After two postponements initiated by the Social Democrats who wanted to make sure to have enough Deputies present for the voting, the presidential veto was outvoted on 15th March 2006. The Bill got exactly 101 votes – 66 (out of 70) from among the Social Democrats, 26 (out of 41) from among the Communists, 7 (out of 10) from among the liberal Union of Freedom and 2 (out of 57) from among the Civic Democrats.
The Bill shall be enacted by its publication in the Collection of Laws and will enter into effect three months thereafter. The first couples could therefore become registered partners sometime in late June/early July, presumably earlier than in Slovenia (Slovenia’s law will enter into effect on 23rd July 2006).
In 1995, two Civic Democratic Party Deputies presented a same sex partnership bill (it only contained inheritance rights and the right to the common use of rented apartment). Its discussion was postponed several times and eventually never took place due to parliamentary elections.
In 1997, a comprehensive Bill was presented by deputies of the Communist Party, Social Democratic Party and Civic Democratic Party. The Bill referred to the family law, explicitly excluding the possibility of common upbringing and adoption of children. The Cabinet assumed a negative position and the Chamber of Deputies, after an extensive first reading, decided to turn the Bill down.
In 1999 another, more precise bill was presented by representatives of all parliamentary political parties except the Christian Democrats. The Cabinet supported the Bill but the Chamber of Deputies dismissed it in the second reading.
In 2000, following the initiative of the Government's Human Rights Council, the Ministry of Justice drafted a very thorough and detailed Cabinet Bill. The Chamber of Deputies unexpectedly rejected it straight in first reading. It returned to the Cabinet for revision, which never materialised as it was interrupted by parliamentary elections in 2002.
In 2003, the Ministry of Justice drafted a new Bill. It was never considered by the Cabinet and Prime Minister Spidla proposed for the bill to be presented as a Deputies' initiative.
In April 2004, representatives of all parliamentary political parties except the Christian Democrats drafted a new Bill, based on the Ministry of Justice proposal, taking into account the comments by Gay and Lesbian League. The Cabinet did not express a positive view. The Bill passed through the first reading in the Chamber of Deputies in June 2004, the second reading in September and the third in October of the same year. However, due to a technical error, the bill returned back to the second reading for amendments which were discussed in November 2004. In the final, repeated third reading on 11th February 2005 the Chamber of Deputies turned the bill down with 82 Deputies voting in favour of the Bill, 65 against, 18 abstaining and 35 absent. Given the fact that the quorum was 83 (i.e. a majority from 165 present Deputies), the Bill was turned down only by a single vote. As a result of this only very close vote and aware of the upcoming parliamentary elections (due in June 2006), the Gay and Lesbian League decided to ask the supporters of registered partnership from among the Deputies to present a slightly amended version again.
In April 2005, again representatives of all parliamentary political parties except the Christian Democrats submitted a new Bill to the Chamber of Deputies. The Cabinet, urged by Christian Democrats, proposed amendments to the Bill, which would cancel some of the rights that the partners could originally enjoy (these amendments were not taken into consideration and did not pass). The first reading took place in June 2005, followed by the second as well as third reading in December of the same year. The third reading on 16th December 2005 witnessed a clear majority of supporters of the Bill, with 86 Deputies voting in its favour, 54 against, 7 abstaining and 35 absent. This was the first time ever that a same-sex partnership Bill was adopted by the Chamber of Deputies and could continue its way through the legislative process.
In mid-January 2006, the Bill was thoroughly discussed by three committees of the Senate (i.e. Upper chamber of the Czech Parliament). One committee recommended the Bill to be passed, the two other did not take any position as they consisted of a balanced number of opposing and agreeing Senators. The plenary session was expected to be very dramatic as the Senate is dominated by right-wing conservative parties (Civic Democrats and Christian Democrats) but its decision, taken on 26th January 2006 was a very pleasant surprise – 45 Senators in favour of the Bill, 14 against, 6 abstaining and 16 absent. Thus, the registered partnership acquired the support of the majority of Civic democratic Senators and even two Christian Democrats.
In early February 2006, the Bill was submitted to President Vaclav Klaus for signature. President Klaus, a conservative Civic Democrat, expressed his strong dissatisfaction with the Bill as it “raises same-sex partnerships to the level of marriages“, although marriages according to his opinion are here to protect the family and give birth to children. On 16th February 2006, President Klaus applied his constitutional right of veto and returned the Bill to the Chamber of Deputies.
As a result of this veto, Prime Minister Paroubek (Social Democrat) expressed his support to the Bill and urged all Social democratic Deputies to outvote the presidential veto (which can be done only by a majority of the entire Chamber, i.e. a minimum of 101 votes). In response, Civic democratic supporters of the Bill accused the Prime Minister of politicising the issue of registered partnership due to the upcoming parliamentary elections. A majority of the twelve Civic democratic supporters of the Bill from among the Deputies stated that they would not support it any more (including one of the Civic democratic sponsors of the Act).
After two postponements initiated by the Social Democrats who wanted to make sure to have enough Deputies present for the voting, the presidential veto was outvoted on 15th March 2006. The Bill got exactly 101 votes – 66 (out of 70) from among the Social Democrats, 26 (out of 41) from among the Communists, 7 (out of 10) from among the liberal Union of Freedom and 2 (out of 57) from among the Civic Democrats.
The Bill shall be enacted by its publication in the Collection of Laws and will enter into effect three months thereafter. The first couples could therefore become registered partners sometime in late June/early July, presumably earlier than in Slovenia (Slovenia’s law will enter into effect on 23rd July 2006).
