Partnership law proposal faces opposition

Submitted by LGL

Two hens or two roosters cannot lay an egg. This idea was voiced on Wednesday (30/11/2011) at the Committee on Legal Affairs (CLA) of Seimas, where the draft Law on Partnership, drawn up by Marija Aušrinė Pavilionienė, was discussed. The CLA decided that the proposal of the Member of Parliament, according to which partnerships could be concluded by same-sex persons, possibly contradicts the Constitution.

The Department of Legal Affairs of Seimas assessed the proposal and stated that the submitted draft possibly contradicts the Constitution. According to the lawyers of Seimas, the Constitutional Court equates partnership to family, and family relations may only be formed between two heterosexual persons – a man and a woman.

'Family relations may also be established in the form of a partnership (cohabitation without registered marriage) between persons. And partnership, according to the Constitutional Court, means family relations between two heterosexual persons – between a man and a woman', states the Department of Legal Affairs in its conclusions. According to the lawyers, it needs to be considered whether the provisions of the submitted draft comply with Article 38 of the Constitution.

These statements were made on Wednesday (30/11/2011) by the CLA. The future of Ms. Pavilionienė's draft will be decided upon by Seimas, which will choose either to approve the conclusion of the Committee or to start the hearing procedure.

'Article 38 of the Constitution lays down that marriage may only be concluded in free will of a man and a woman, but it does not presuppose any prohibition as to same-sex partnerships. Therefore, I claim that my draft proposal does not contradict the Constitution of Lithuania. It simply does not correspond to the archaic attitude towards sex, and reflects a reality which fails to be accepted in Lithuania', said Ms. Pavilionienė.

'This is the first step towards marriage. I can see clear violations of the Constitution', said Vidmantas Žiemelis member of the Christian Fraction, expressing his concerns about homosexual marriages.

The proposed draft law would provide couples with the possibility to legally register their cohabitation or partnership. In accordance with the provisions of the draft law, partnership may only be concluded by persons no younger than 18 years of age, both being legally capable and free from any other partnership. Under the proposed draft, partnerships could be concluded by both hetero- and homosexuals.

Stay informed
For media
You are here: Home > Guide to Europe > Country-by-country > Lithuania > Partnership law propos...