Lithuania and Estonia move towards expanding rights of same-sex couples

On Tuesday, the 23rd of May, Lithuania’s Seimas passed in the first reading a legislative draft on civil unions. This legislative draft provides for the legalisation of civil unions of both opposite and same gender couples.
60 deputies voted in favour, 52 voted against, and three abstained in the vote on the civil union legislative draft.
It was announced on Monday, the 22nd of May, that

the viewing of the legislative draft is on included to the Seima’s agenda for Tuesday because there aren’t enough votes in favour of its approval. However, on Tuesday it was added to the agenda and passed.

Lithuanian parliament’s Committee on Justice and Order supported last September the legislative draft on civil unions. However, until now there was not enough votes to approve it.
Once the law has been passed, partners who enter into a civil union will have joint ownership, but will have the option to establish a different property regime in a separate agreement, inherit under the law and not pay inheritance taxes. They will also have the opportunity to act in each other’s name and interests, to represent each other in the field of health care, to receive health-related information and similar rights and obligations.
Politicians of the Lithuanian coalition insist the civil union’s legislative draft is a compromise for that time when in spring 2021 the Seimas rejected the previous legislative draft that legally recognised “gender neutral unions”.

The union law provided for the recognition of any two-person civil union as officially registered two-person cohabitation to ensure, develop and protect their rights.

Currently Lithuanian legislation does not provide any regulations for official registration of same-sex or opposite gender couples’ civil unions. There were multiple attempts to pass it in the parliament. All of them failed in the initial attempts.

Estonia’s Riigikogu, meanwhile, has passed in the first reading amendments that provide same-sex couples equal marriage rights starting with the 1st of January 2024.

Estonian Minister of Social Protection Signe Riisalo explained that since 2014, when the parliament passed the Registered Partnerships Law, but no other legislative acts received amendments, there have been many residents who live in a state of legal uncertainty, which needs to end.
“Now is the time to provide all people in Estonia equal rights. Social changes do not happen overnight. But with these legal changes, which are technical and very symbolic, will definitely reduce the number of people with hateful voices,” said the minister.
She added that laws provide foundation and influence public opinions. This is why legalisation of equal rights for marriage for all couples is a step towards creating a sense of safety and equal rights for everyone.
The amendments passed in the first reading in the Estonian parliament provides the right for marriage for two adult persons regardless of gender. Alongside marriage, the possibility to enter into a registered partnership will be maintained, which provides for the right of the partners to participate in decisions affecting the partner and to receive compensation and benefits if necessary. Amendments provides a simplified approach to transition from registered partnership to marriage.
Both marriage and registered partnerships provide rights and obligations for couples that are not shared by persons in informal relationships. The rights and obligations relate mainly to the receipt of benefits, the management of property, housing and inheritance.

It is expected for the legislative package for the legalisation of same-sex marriages in Estonia to come into force on the 1st of January 2024.

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