Recognition of same-sex unions in Estonia

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Colombia
Denmark:
· Denmark proper
· Greenland
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CM, CH, CA,
· CL, GR3, JA,
· MC, MR, NA,
· PU3, QE3,
· QR, CDMX

Netherlands:
· Netherlands proper
New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· AX and DX, AC*, BAT
· GI, GG*, IM, PN
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

Estonia recognises same-sex unions by allowing same-sex couples to sign a cohabitation agreement since January 1, 2016.

History

Laws regarding same-sex partnerships in Europe
  Marriage
  Foreign marriages recognized
  Other type of partnership
  Unregistered cohabitation
  Unrecognized
  Constitution limits marriage to opposite-sex couples
---- Includes laws that have not yet gone into effect.

The launch of a new family law bill by the Estonian Ministry of Justice, which explicitly declared marriage to be an institution between a man and a woman, provoked a public debate on the issue of recognition of same-sex unions starting from December 2005. The public debate was called by the Ministry of Social Affairs, which said it had reservations about the draft law.

The public debate brought about a significant response from LGBT rights groups, which opposed the family law bill and urged the Government to not discriminate between same-sex and opposite-sex couples in marriage, stating that, "We call on the government to drop a clause in the draft law on the family, which does not allow the registration of same-sex marriages or partnerships". On January 4, 2006, five Estonian NGOs supporting LGBT rights issued a press release asking for the Government to draft a new partnership law that would give same-sex couples equal rights with opposite-sex couples.[1]

On the other hand, various conservative politicians claimed that Estonia was not yet ready for same-sex marriage, and that there is no need to create a separate law on same-sex unions since existing laws already imply the protection of some of these unions (even though there is no explicit legal mention of same-sex unions). Väino Linde, the chief of the Constitution Commission of the Riigikogu (Estonian Parliament), stated that he is "glad to see the conservative views in the Parliament and in the Commission of Constitution".[2]

As of 2005, in the public debate, the Social Democratic Party has been the only political party to publicly affirm its support of same-sex marriage. The Centre Party and the Reform Party have said that they would tolerate such a law, but have not yet offered a statement of support. Various right-wing parties, particularly the now united Res Publica and the Pro Patria Union, have stated their opposition to same-sex marriage.[2]

Cohabitation agreement

In July 2008, the Ministry of Justice announced that it was drafting a law on registered partnerships for same-sex couples. The law, which was initially expected to come into force in 2009, was intended to provide a number of rights for same-sex couples, such as inheritance and shared property ownership. The law had the support of most factions in Estonia's Parliament.[3][4]

The Ministry of Justice studied proposals for the recognition of unmarried couples, including same-sex couples. A comprehensive report was released in July 2009 which looked at three options: the recognition of unregistered cohabitation, the creation of a partnership registry and the opening up of marriage to same-sex couples. It left the decision of which model to implement up to the legislature and other "stakeholders".[5][6] On July 1, 2010, a new family law was passed, defining marriage as between a man and a woman and declaring unions between members of the same sex "null and void". Prime Minister Andrus Ansip was quoted as saying, "I do not believe that Estonia, Latvia and Lithuania will soon accept same-sex marriage in the eyes of the law".[7]

On May 25, 2011, Chancellor of Justice Indrek Teder requested that the Ministry of Justice introduce a civil partnership law.[8] He found that the non-recognition of same-sex relationships is contrary to the Constitution of Estonia. Thereafter partnership law again became an active political subject in Estonia.

The Reform Party and the Social democratic Party support introducing a partnership law, however, the conservative Pro Patria and Res Publica Union is still against it. The Centre Party supports its discussion.[9] The bill was drafted in August 2012 by the Minister of Justice and was under consultation until October 1, 2012.[10][11][12] In March 2014, a parliamentary group began to work on a draft bill to regulate legal status of cohabiting couples.[13] The bill was submitted to Parliament on April 17, 2014.[14][15][16][17] On May 22, the bill was backed by the Government.[18] On June 19, 2014, Parliament rejected a motion to kill the bill at the first reading, in a 32-45 vote.[19] The second reading took place on October 8 where a motion to hold a referendum on the bill was defeated in a 35-42 vote and another motion to kill the bill was defeated in a 41-33 vote.[20] The bill passed its final vote on October 9 in a 40-38 vote. It was signed by President Toomas Hendrik Ilves the same day and took effect on January 1, 2016.[21][22]

Some implementing acts have yet to be passed in order for the law to enter into force in 2016. These require 51 of 101 MPs to be in favour. Following the March 2015 elections, the conservative Pro Patria and Res Publica Union (IRL) joined the Government. The party is of the opinion that these acts have to be worked out in Parliament rather than by the Government, causing disagreement with the Reform Party and Social Democrats.[23] On November 25, 2015, Parliament rejected a motion to kill the implementing bill at the first reading, in a 41-42 vote.[24] On December 10, the chairman of the Legal Affairs Committee said that the committee will not finish the work of the bill and will not ask Parliament to begin the second reading by December 17, when Parliament adjourns for the holidays until January 11, 2016. This means the Cohabitation Act will take effect without implementing measures, which will cause number of legal loopholes and problems.[25][26] Further readings have been scheduled for the end of January 2016.[27] In August 2016, a same-sex couple filed a lawsuit before the Administrative Court of Estonia in order to be able to enter a cohabitation agreement.[28] As of October 2016, the implementing measures have yet to be passed by Parliament.[29]

Public opinion

A poll conducted in June 2009 showed that 32% of Estonians believed that same-sex couples should have the same legal rights as opposite-sex couples. Support was 40% among young people, but only 6% among older people.[30]

A poll conducted in September 2012 found that 34% of Estonians supported same-sex marriage and 46% supported registered partnerships. The poll found an ethnic divide: while 51% of ethnic Estonians supported registered partnerships, only 35% of ethnic Russians were of the same view.[31]

The 2015 Eurobarometer found that 31% of Estonians thought that same-sex marriage should be allowed throughout Europe, 58% were against.[32]

See also

References

  1. ↑ "Estonian gays want right to wed". Swaf News. January 3, 2006. Retrieved September 30, 2007.
  2. 1 2 "First Test of Tolerance and Common European Values in Estonia for Gays". UK Gay News. January 10, 2005. Retrieved September 30, 2007.
  3. ↑ Estonia debates same-sex partnerships
  4. ↑ GLT World News Briefs
  5. ↑ Estonia Might Allow Gay Marriages
  6. ↑ Kas homoabielud saavad tõesti rohelise tule?
  7. ↑ Gay Life in Estonia: Gay marriage
  8. ↑ "Justice Chancellor Calls for Same-Sex Partnership Law". News.err.ee. 2011-05-25. Retrieved 2014-04-03.
  9. ↑ "Social Dems, Reform Party Reach Common Ground on Civil Partnerships". News.err.ee. 2011-10-03. Retrieved 2014-04-03.
  10. ↑ Ministry Floats Idea of Same-Sex Partnership Without Adoption
  11. ↑ New law in Estonia will provide more protection to unmarried couples
  12. ↑ (Estonian) KOOSELUSEADUSE EELNÕU KONTSEPTSIOON
  13. ↑ Parliamentary Working Group to Codify Cohabitation
  14. ↑ Gender-Neutral Cohabitation Bill Submitted to Parliament
  15. ↑ (Estonian) Kooseluseadus 650 SE
  16. ↑ (Estonian) Seletuskiri kooseluseaduse eelnõu juurde
  17. ↑ (Estonian) Samasooliste kooselu registreerimist võimaldav eelnõu sai valmis
  18. ↑ Government Approves Cohabitation Bill
  19. ↑ Gender-Neutral Civil Union Bill Survives Early Morning Vote
  20. ↑ Cohabitation Bill Heads to Final Vote
  21. ↑ Parliament Passes Cohabitation Act; President Proclaims It
  22. ↑ (Estonian) Riigikogu võttis vastu kooseluseaduse
  23. ↑ "Coalition already in disagreement over Cohabitation Act". EER.ee. 10 April 2015.
  24. ↑ Cohabitation Act implementing acts pass first reading by single vote
  25. ↑ Cohabitation Act to enter force without implementing acts
  26. ↑ (Estonian) Kooseluseaduse rakendusaktid jäävad sel aastal vastu võtmata
  27. ↑ Kooseluseaduse rakendusaktid tulevad riigikogus teisele lugemisele jaanuari lõpus
  28. ↑ (Estonian) Geiaktivist läheb kooseluseaduse tõttu riigiga kohtusse
  29. ↑ Romanian President Under Fire for Advocating Tolerance "Even a more Western-oriented country, Estonia, has been delaying the implementation of gay civil partnerships even if they have been enshrined in law."
  30. ↑ Homopaaride rights advocates, 32% of the population
  31. ↑ Merike Teder (2012-09-13). "Uuring: eestlased pole samasooliste kooselu registreerimise vastu - Eesti uudised". Postimees.ee. Retrieved 2014-04-03.
  32. ↑ Special Eurobarometer 437
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