Recognition of same-sex unions in Europe
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 29 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex unions, among them most members of the European Union.
As of July 2020, sixteen European countries legally recognise and perform same-sex marriages: Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom. An additional fourteen European countries legally recognise some form of civil union, namely Andorra, Croatia, Cyprus, the Czech Republic, Estonia, Greece, Hungary, Italy, Liechtenstein, Monaco, Montenegro, San Marino, Slovenia, and Switzerland.
Poland and Slovakia recognise cohabitation for very limited purposes. Bulgaria, Lithuania, Romania, and Slovakia recognise same-sex marriages performed within the EU and including an EU citizen.
Of the countries that recognise and perform same-sex marriages some still allow couples to enter civil unions, e.g. Benelux countries, France and the United Kingdom, whereas Germany, Ireland and the Nordic countries have terminated their pre-marriage civil union legislation so that existing unions remain but new ones are not possible.
Several European countries do not recognise any form of same-sex unions. Marriage is defined as a union solely between a man and a woman in the constitutions of Armenia, Belarus, Bulgaria, Croatia, Georgia, Hungary, Latvia, Lithuania, Moldova, Montenegro, Poland, Russia, Serbia, Slovakia and Ukraine. Of these, however, Croatia, Hungary and Montenegro recognise same-sex partnerships.
Current situation
International level
European Court of Human Rights
Over the years, the European Court of Human Rights has handled cases that challenged the lack of legal recognition of same-sex couples in certain member states. The Court has held that the European Convention on Human Rights requires member states to provide legal recognition, but does not require marriage to be opened to same-sex couples.In Schalk and Kopf v Austria, the European Court of Human Rights decided that the European Convention on Human Rights does not oblige member states to legislate for or legally recognise same-sex marriages. However, the Court, for the first time, accepted same-sex relationships as a form of "family life".
In Vallianatos and Others v Greece, the Court held that exclusion of same-sex couples from registering a civil union, a legal form of partnership available to opposite-sex couples, violates the Convention. Greece had enacted a law in 2008 that established civil unions for opposite-sex couples only. A 2015 law extended partnership rights to same-sex couples.
Oliari and Others v Italy went further and established a positive obligation upon member states to provide legal recognition for same-sex couples. Italy thus breached the Convention; it eventually implemented civil unions in 2016. The decision set a precedent for potential future cases regarding the 23 member states, certain British and Dutch territories, and the states with limited recognition, that currently do not recognise same-sex couples' right to family life.
Chapin and Charpentier v France largely confirmed Schalk and Kopf v. Austria, holding that denying a same-sex couple access to marriage does not violate the Convention. At the time of the judgment, France did allow same-sex marriage, however, the case originated from 2004, when only pacte civil de solidarité was available to same-sex couples in France.
European Union
Some debate occurred within the European Union about how to require member states to recognise same-sex marriages conducted in other member states, as well as any European citizens' civil unions or registered partnerships, so as to ensure the right of freedom of movement for citizens' family members.In 2010, Romanian LGBT activist Adrian Coman and his American partner, Robert Claibourn Hamilton, married in Belgium, and subsequently attempted to relocate to Romania. Romanian authorities refused to recognise their marriage and the case progressed to the European Court of Justice. On 11 January 2018, the ECJ's advocate general, Melchior Wathelet, issued an official legal opinion stating that an EU member country cannot refuse residency rights to the same-sex spouse of an EU citizen on the grounds that it does not recognise same-sex marriage.
On 5 June 2018, the ECJ ruled in Coman's favour, stating the term "spouse" was gender-neutral, and member states are therefore obliged to recognise EU residency rights for partners of EU citizens. However, the court confirmed that it will still be up to member states whether to authorise same-sex marriage.
National level
Partially-recognised and unrecognised states
Sub-national level
Future legislation
Marriage
Government proposals or proposals with a parliamentary majority
Andorra: On 10 March 2020, the three parties forming the governing coalition, the Democrats, the Liberal Party and Committed Citizens, presented the draft of a bill to legalise same-sex marriage. It will be consulted with the Bar Association and the Superior Council of Justice, before being submitted to the parliament. If enacted, the bill would take effect on 1 June 2021.Czech Republic: On 13 June 2018, 46 deputies from ANO 2011, the Pirate Party, the Czech Social Democratic Party, the Communist Party, TOP 09 and Mayors and Independents submitted a bill to legalise same-sex marriage. The Civic Democratic Party, Freedom and Direct Democracy and KDU–ČSL are opposed. On 22 June 2018, the Czech government gave their backing to the bill. The first reading of the same-sex marriage bill was scheduled for 31 October, but was held some weeks later, on 14 November. A vote on the legislation was expected on 26 March 2019 but did not take place.
On 10 January 2019, President Miloš Zeman stated that he might veto the bill legalising same-sex marriage, if it is passed by Parliament. Such a veto would force a second vote on the law, with the support of 50% + 1 of deputies required to override the presidential veto and pass the law.
Switzerland: On 16 June 2017, the Federal Assembly voted by 118–71 in favour of a proposal by the Green Liberal party to launch a parliamentary study on same-sex marriage. On 6 July 2018, the Legal Affairs Committee voted to proceed with the initiative by legislation, rather than constitutional amendment and referendum. The National Council voted in favor of a bill to legalise same-sex marriage and allow lesbian couples to have access to artificial insemination and automatic co-parenting by 132-52 with 13 abstentions on 11 June 2020. The bill heads to the Council of States for debate and approval in the autumn.
Non-marital partnership
Government proposals or proposals with a parliamentary majority
Lithuania: On 30 May 2017, Parliament approved a proposal to amend the Civil Code to recognise cohabitation agreements that would grant two or more cohabitants certain property rights without the intention to create family relations. With 46 in favor, 6 opposing and 17 abstentions, the draft proposal was approved for further consideration in the Lithuanian Parliament.Kosovo: On 7 July 2020, Justice Minister Selim Selimi introduced a revised Civil Code that he said included a path to allowing same-sex civil unions, while restricting marriage to opposite-sex couples. After the civil code is passed, a special law for civil unions will be required.
Public opinion
Public support for same-sex marriage from EU member states as measured from a 2015 poll is the greatest in the Netherlands, Sweden, Denmark, Spain, Ireland, Belgium, Luxembourg, the United Kingdom and France. In recent years, support has risen most significantly in Malta, from 18% in 2006 to 65% in 2015 and in Ireland from 41% in 2006 to 80% in 2015.After the approval of same-sex marriage in Portugal in January 2010, 52% of the Portuguese population stated that they were in favor of the legislation. In 2008, 58% of the Norwegian voters supported same-sex marriage, which was introduced in the same year, and 31 percent were against it. In January 2013, 54.1% of Italians respondents supported same-sex marriage. In a late January 2013 survey, 77.2% of Italians respondents supported the recognition of same-sex unions.
In Greece, support for same-sex marriages to be allowed throughout Europe more than doubled between 2006 and 2015, from 15% to 33%.
In Ireland, a 2008 survey revealed 84% of people supported civil unions for same-sex couples, while a 2010 survey showed 67% supported same-sex marriage by 2012 this figure had risen to 73% in support. On 22 May 2015, 62.1% of the electorate voted to enshrine same-sex marriage in the Irish constitution as equal to heterosexual marriage.
In Croatia, a poll conducted in November 2013 revealed that 59% of Croats think that marriage should be constitutionally defined as a union between a man and a woman, while 31% do not agree with the idea.
In Poland a 2013 public poll revealed that 70% of Poles reject the idea of registered partnerships. Another survey in February 2013 revealed that 55% were against and 38% of Poles support the idea of registered partnerships for same-sex couples.
In the European Union, support tends to be the lowest in Bulgaria, Latvia, Hungary, Romania, Slovakia, and Lithuania. The average percentage of support for same-sex marriage in the European Union as of 2006 when it had 25 members was 44%, which had descended from a previous percentage of 53%. The change was caused by more socially conservative nations joining the EU. In 2015, with 28 members, average support was at 61%.