Lithuanian Court Declares anti-LGBTI law unconstitutional

In a significant decision yesterday, Lithuania’s Constitutional Court ruled that a 15-year long ban on public depictions of LGBTI families should be repealed.

The Constitutional Court of Lithuania has declared the anti-LGBTI provisions of the Law on the Protection of Minors from Negative Effects of Public Information unconstitutional. These provisions, in place since 2009, had prohibited the depiction of LGBTI families in the public sphere, effectively stifling representation at public events and in the media. 

The decision follows the European Court of Human Rights’ 2023 ruling in Macatė v. Lithuania, which found the law to violate Article 10 of the European Convention on Human Rights, safeguarding the right to freedom of expression. ILGA-Europe supported this case through a third-party intervention alongside Article 19 and the International Justice Clinic.

ILGA-Europe in association with the Lithuanian Centre for Human Rights and the Human Rights Monitoring Institute also supported our member organisation, LGL, through a Rule 9 submission to the Committee of Ministers of the Council of Europe concerning the implementation of the Macatė judgment.

The court’s reasoning empahsizes that:

• Information about diverse family models cannot be deemed inappropriate for minors.
• Laws must uphold respect for human rights, dignity, equality, pluralism, and tolerance.
• Minors deserve access to information that fosters their development into mature, well-rounded individuals.

According to Katrin Hugendubel, Advocacy Director at ILGA-Europe: “This landmark ruling marks a significant step towards ensuring that the rights of LGBTI people are respected in Lithuania. With this ruling, the anti-LGBTI provisions become ineffective and cannot be applied anymore. This is another confirmation from a highest courts that such laws are a violation of human rights and other courts should follow suit.”

Find out more about the current situation of protection of human rights of LGBTI people in Lithuania, on our interactive Rainbow Map.

For further context and details, see LGL’s statement here.