The ability of Lithuania’s coalition and opposition to agree on something is a rare occurrence, but now about 50 MPs have joined forces to submit a proposal to hold a referendum to define the concept of family in the country’s constitution.
The initiators of the referendum believe that the Constitutional Court of Lithuania has exceeded its authority in interpreting the concept of family in its judgments, especially in cases where it has indicated that it is gender-neutral, does not apply only to married couples, and when it has determined that limiting partnerships to opposite-sex couples is discriminatory.
Legal experts have pointed out that the initiative could threaten both the Lithuanian constitution and European legal principles, and stressed that interpreting the law is the task of the courts, not politicians. Some MPs have described their colleagues’ actions as a political strategy ahead of local elections due next year.
The discussions have been going on for more than a year after the Constitutional Court ruled that the state had unreasonably delayed the regulation of civil partnership laws, and that the current Civil Code stipulates that civil partnerships can only be formed between a man and a woman, which is contrary to the country’s fundamental law. Despite the court’s decision, the Seimas has not yet regulated the laws affecting civil partnerships. Instead, deputies have focused on promoting a referendum, which will seek to determine whether citizens agree that a family is formed by marriage between a man and a woman, as well as the relationship between parents and children.
However, opinions are divided even among the same parliamentary factions.
Conservative MP Matas Maldeikis called the initiative an election tactic aimed at mobilizing voters before the elections. Of all the parliamentary groups, only the Liberal Movement has so far agreed on a common position. Its leader, Viktorija Čmilytė-Nielsen, warned that such a referendum could violate human rights. She added that the view of some politicians that children raised in certain families are doomed to an unhappy life is completely unacceptable.
Social Democrat representative Ruslanas Baranovas said that although his faction initially voted differently, the majority of the party’s deputies planned to oppose the referendum. He said that most understood that the referendum was pointless, but some feared that it would be politically manipulated against them. Baranovas also noted that it was not for politicians to define what constitutes a family.
Meanwhile, tensions in the courts continue. Currently, about 50 same-sex couples have applied to the courts to have their relationship legally recognized, and about half have obtained a favorable decision, but the rulings have not been implemented. The Lithuanian Justice Ministry, led by Rita Tamašunienė, a representative of the ultra-conservative Lithuanian Polish Electoral Action-Union of Christian Families, has filed an appeal against the court decisions, stating that
the issue concerns administrative procedures and not the recognition of partnerships as such.
Legal researcher Gabija Grigaitė-Daugirdė said that the ministry should take the lead in this case. She noted that the rule of law is a fundamental value of the European Union, and political institutions cannot ignore that the law ensures respect for all families.
Former Constitutional Court judge Tomaa Birmontiene warned that the referendum and its potential consequences could face constitutional challenges. The former judge said she sees what is happening as the second act of a populist opera, adding that the initiative highlights a poor understanding of Western legal traditions.
The Seimas is expected to review the referendum proposal later in May.
Read the full article in English here: https://www.lrt.lt/en/news-in-english/19/2919044/what-is-family-lithuania-s-drive-to-hold-referendum-revisits-divisive-issue
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