Recognition of same-sex unions in Slovenia

Legal recognition of same-sex relationships
Marriage
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Civil unions and registered partnerships
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Performed in some jurisdictions
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Unregistered cohabitation
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Recognized in some jurisdictions
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See also
Same-sex marriage Same-sex marriage legislation Timeline of same-sex marriage Recognition of same-sex unions in Europe Marriage privatization Civil union Domestic partnership Listings by country
LGBT portal
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Slovenia has recognized registered partnerships for same-sex couples since July 23, 2006. The law gives same-sex partners access to one another's pensions and property. In July 2009 the Slovenian government announced its intention to legalise same-sex marriage. The bill was approved by the National Assembly in the first reading on March 2, 2010. On January 24, 2011, the Government announced its intention to change the bill after it had been stalled in the National Assembly in 2010. Due the changes, same-sex marriage will not be legalized but it will be possible to register a same-sex partnership that will have the same legal implications as a marriage in all regards except adoption.^[1][2]

Registered partnership

A registered partnership law was adopted on 22 June 2005, titled Zakon o registraciji istospolne partnerske skupnosti (ZRIPS).^[3] The law covers only property relations, the right/obligation to support a socially weaker partner, and inheritance rights to a degree. It does not grant any rights in the area of social security (social and health insurance, pension rights) and it does not confer the status of a next-of-kin to the partners. The adoption of this law sparked a political debate in the National Assembly, with Slovenian National Party deputies opposing recognition of same-sex partners. The opposition Social Democrats and Liberals, arguing that the law proposed was too weak, refused to take part in the voting, leaving the chamber. The vote succeeded with 44 votes for and 3 against.

A more comprehensive Registered Partnership Bill passed the first reading in Parliament in July 2004 but was rejected by Parliament during the second reading in March 2005. The bill would have provided for all rights inherent to marriage apart from joint adoption rights.

On 31 March 2005, the government proposed a new partnership bill, described above, providing access to pensions and property. It was passed in July 2005, and became effective on July 23, 2006.^[4]

On 2 July 2009, the Constitutional Court of Slovenia found that it was unconstitutional to prevent registered partners from inheriting each other's property. It held that treating registered partners differently from married partners constituted discrimination on the basis of sexual orientation, breaching Article 14 of the Slovenian Constitution.^[5] It gave the Parliament six months to remedy the situation.^[6]

Same-sex marriage

Laws regarding same-sex partnerships in Europe

  Same-sex marriage

  Other type of partnership

  Unregistered cohabitation

  Issue under political consideration

  Unrecognized

  Constitution limits marriage to man–woman

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On July 2, 2009, the Minister of the Interior, Katarina Kresal (LDS), announced that Slovenia is likely to legalize same-sex marriage in the near future, citing the government's commitment to provide equal rights for both opposite-sex and same-sex couples. The announcement stirred some level of public controversy, mainly because it provided grounds for same-sex adoption.^[7]

On September 21, 2009, the Government presented a draft of the new Family Code, which would allow same-sex couples to marry and adopt children.^{[8][9][10][11][12]} The bill went through a period of public debate until 1 November 2009.^{[13][14][15][16][17][18][19]} In December 2009, the Government considered amendments to the bill, which was expected to be voted upon in 2010.^[20] On 17 December 2009, the Government approved the Family Code.^[21][22][23] On March 2, 2010, the bill was approved by the National Assembly, lower house of parliament, in the first reading.^[24][25] Currently, the bill is being considered by the parliamentary labour, family and social affairs committee.^[26][27]

On January 24, 2011, the Government announced its intention to change the bill before its final version is passed by the National Assembly. The amendments would be made due to the difficulty of passing the bill. Marriage would be defined as a union between a man and a woman, but same-sex registered partnerships would have all rights of marriage except joint adoption (step-child adoption would be allowed).^[1][2]

On April 7, the National Assembly's committee approved the amended bill in the second reading and sent it for a third reading.^[28] In June 2011 the center-left Government of Slovenia gave more rights to civil unions in new Family Code bill and allowed stepchild adoption. ^[29]

See also

• LGBT rights in Slovenia
• Recognition of same-sex unions in Europe

References

1. ^ ^{a b} Ministry Confirms Changes to Gay Adoption Proposal
2. ^ ^{a b} (Slovene) Ministrstvo je pripravilo kompromisni predlog družinskega zakonika
3. ^ Slovenia passes same-sex marriage law
4. ^ Slovenian Marriage License Requirements
5. ^ Court Decision in Case U-I-425/06
6. ^ Slovenian court: gay union law discriminatory
7. ^ Slovenia to legalize soon same-sex marriage: minister
8. ^ New Family Law Allowing Gay Marriage Stirs Controversy
9. ^ (Slovene) Po novem zakoniku istospolni partnerji do posvojitve otrok
10. ^ Natural Order Of Things (Everyone Needs A Family)
11. ^ (Slovene) PREDLOG DRUŽINSKEGA ZAKONIKA
12. ^ (Slovene) PREDLOG DRUŽINSKEGA ZAKONIKA
13. ^ (Slovene) Novi družinski zakonik – revolucionarni korak naprej ali nepremišljeni zdrs nazaj?
14. ^ (Slovene) Javno mnenje delijo posvojitve otrok istospolnih skupnosti
15. ^ (Slovene) Ko se nad nov družinski zakonik spravi Komisija Pravičnost in mir
16. ^ (Slovene) Predlog družinskega zakonika razdvaja javnost
17. ^ (Slovene) Izteka se javna razprava o predlogu družinskega zakonika
18. ^ (Slovene) Družinski zakonik naj varuje otroke
19. ^ Deputies and Experts Clash Over Concept of Family
20. ^ (Slovene) Družinski zakonik bo predvidoma sprejet maja 2010
21. ^ Family Law Bill Ready for Parliament
22. ^ (Slovene) Družinski zakonik pripravljen za obravnavo v DZ
23. ^ (Slovene) Družinski zakonik odhaja v parlament
24. ^ Gay Adoptions Cause Rift as MPs Discuss Family Law Bill
25. ^ (Slovene) Družinski zakonik čez oviro
26. ^ Family Law Debate Remains Stuck at Beginning
27. ^ Family Law Debate Brings More of the Same
28. ^ (Slovene) Odbor za delo potrdil t.i. kompromisni predlog družinskega zakonika
29. ^ Queer:Slowenien schreckt vor Ehe-Öffnung zurück (german)