Recognition of same-sex unions in Estonia

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There is currently no legal recognition of either same-sex marriage or civil union in Estonia. However, the launch of a new Family Law proposal 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 this issue 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 proposal and urged the government to not discriminate between same-sex and heterosexual 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 gay rights issued a press release asking for the government to draft a new partnership law that would give same-sex couples equal rights with heterosexual 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]

So far 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 as of yet offered no 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].

Same-sex registered partnership law proposal

In July 2008, the Ministry of Justice announced that it was drafting a law on registered partnership 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]

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 of marriage to same-sex couples. It left the decision of which model to implement up to the legislature and other "stakeholders".^[4][5] 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 would soon accept same-sex marriage in the eyes of the law".^[6]

On 25th May, 2011, Chancellor of Justice Indrek Teder requested that the Ministry of Justice to introduce civil partnership law.^[7]. He found that unrecognising same-sex relationships is contrary to the constitution of Estonia. Thereafter the subject of partnership law again became an actual political topic in Estonia.

The Reform Party and the Social democratic Party agree to introduce a partnership law, conservative the Union of Pro Patria and Res Publica is still against it. The Centre Party is supporting to discuss it.^[8]. The proposal will be drafted in 2012.

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.^[9]

See also

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

References

1. ^ "Estonian gays want right to wed". Swaf News. 2006-01-03. http://news.sawf.org/Lifestyle/5630.aspx. Retrieved 2007-09-30. 
2. ^ ^{a b} "First Test of Tolerance and Common European Values in Estonia for Gays". UK Gay News. 2005-01-10. http://www.ukgaynews.org.uk/Archive/2006jan/1002.htm. Retrieved 2007-09-30. 
3. ^ GLT World News Briefs
4. ^ Estonia Might Allow Gay Marriages
5. ^ Kas homoabielud saavad tõesti rohelise tule?
6. ^ http://www.estonianfreepress.com/2010/07/estonia-and-homosexuality-between-little-tolerance-and-inclusion/
7. ^ http://news.err.ee/Politics/fb95bc86-cd40-4d9f-b341-8d842e8d014a
8. ^ http://news.err.ee/Politics/58735eb6-b36d-4190-b36c-ae1020dac67f
9. ^ Homopaaride rights advocates, 32% of the population

External links

• Call for action - support same-sex partnership rights in Estonia, International Lesbian & Gay Association (Europe)
• Estonia debates same-sex partnerships
• Estonia: gays and lesbians seeking partnership law and also hope to support in Finland