LGBT rights in Latvia

Law regarding same-sex sexual activity

In 1992, soon after Latvia regained independence from the Soviet Union, homosexuality was decriminalised. The age of consent is 16 regardless of gender and/or sexuality.

Gender identity/expression

It is possible to surgically change gender in Latvia and to legally change identity to reflect this. The Latvian law does not state what constitutes sex change, however as a proof of sex change, such a medical certificate must be submitted to the authorities. However, in 2004 authorities denied a change of legal identity to a transperson who had undergone a partial sex change. The person, who reported having knowledge of another case in which their legal sex was changed after a partial sex change, took legal action. The Supreme court of Latvia ruled in 2008 that in the particular case legal identity should have been changed as the authority had done so in similar cases and the person, already presenting as male, might face a variety of issues having to legally identify as female. This resulted in a 2009 proposal to amend laws with inability to become parent (which could cause further legal complications) listed as sole criteria to prove gender change for persons formally diagnosed with transsexualism by group of doctors. The amendments were, however, overruled by the Saeima.

Recognition of same-sex relationships

Latvia does not recognise same-sex marriage, nor any form of same-sex partnership.

In 2006 Latvia amended its constitution to prohibit same-sex marriage. Article 110 of the Latvian Constitution formerly read, "The State shall protect and support marriage, the family, the rights of parents and rights of the child. The State shall provide special support to disabled children, children left without parental care or who have suffered from violence." The first sentenced of Article 110 was amended to read, "The State shall protect and support marriage – a union between a man and a woman, the family, the rights of parents and rights of the child."

However, on 30 January 2015 a member of parliament submitted a proposal for a Partnership law which would allow "any two persons" to register a partnership which has almost the same functions as marriage. The proposal was rejected by the Legal Affairs Committee on 24 February 2015. The Committee questioned the intent on changing the Civil Code, focusing on the 2006 constitutional same-sex marriage ban and how far-reaching the benefits of a "marriage-like" partnership would be, while suggesting that any new form of relationships may need to start from the ground up. Veiko Spolītis, who submitted the proposal, clarified that attaching a gender-neutral partnership provision to the existing code would be the fastest way for the bill to become law. Despite the setback, Spolītis has stated that discussions on the issue shall continue nevertheless. Fellow Unity Party member, Ilze Viņķele, has since promised to develop and submit a brand new draft law. In March 2015 a public petition was started by minor party "For Development of Latvia" for adopting Partnership law, which provides for recognition of registered and unregistered partnerships between couples of any sex.

Public opinion

A Eurobarometer survey published on December 2006 showed that 12% of Latvians surveyed support same-sex marriage and 8% support same-sex adoption (EU-wide average 44% and 32%).

Adoption and family planning

Latvian law allows any person over 25 to adopt. However persons who are not married to each other may not adopt the same child. This means that only one person of an unmarried couple can adopt a child. However, lesbian couples can get access to IVF and assisted insemination treatment.

Military service

Homosexuals are not officially banned from military service.

Discrimination protections

In September 2006, Latvia's parliament, the Saeima, passed amendments to the Labour Code prohibiting discrimination on the basis of sexual orientation in workplace. The Saeima had initially omitted such protection, but President Vaira Vīķe-Freiberga refused to sign the bill until it was added.

Living conditions

Only in the capital, Riga, is there a small gay scene. Elsewhere in Latvia, however, the sparse population means there is no gay scene. There are few publicly prominent persons who openly identify themselves as gay or lesbian, for example Latvian American journalist Kārlis Streips, foreign minister Edgars Rinkēvičs, and former deputy rector of the Riga Graduate School of Law Linda Freimane.

Most people in Latvia have prejudices against homosexuality, usually rooted in social conservatism and lingering preconceptions dating from the Soviet period. An example of this is the belief that homosexuality and pedophilia are linked phenomena. Such popularly held anti-gay sentiments have recently been increasingly exploited by various religious groups and politicians.

Gays and lesbians are often attacked in the streets or in the meeting places. Lesbians and gays can make no criminal charge against their attackers other than "hooliganism".

In 2002, Māris Sants, an openly gay minister, was defrocked and excommunicated from the Evangelical Lutheran Church of Latvia. Archbishop Jānis Vanags later declared in a public statement, "Why Māris Sants was fired", that Sants was not removed from office because he was gay, but because he in his sermons publicly promoted, instead of condemning, the "sinful" homosexual "lifestyle." When pastor Juris Cālītis, then also dean of the University of Latvia's Faculty of Theology, not only publicly criticised the improper way in which Sants's case was handled by the Church Synod, but also allowed Sants to co-officiate in a church service, Cālītis, too, was removed from office and expelled from the church by Vanags. This case helped to create a public debate in Latvia regarding the need for legislation to protect LGBT persons from discrimination by employers.

Due to prevailing negative attitudes in society, and particularly the violent actions of a vocal anti-LGBT minority (e.g. National Power Unity), there is a fear that further lobbying for the rights of sexual minorities will provoke an even stronger backlash. In a February 2007 survey of 537 LGBT persons in Latvia, 82% of respondents said they were not in favour of holding the planned Riga Pride and Friendship Days 2007, while only 7% felt that these events would help promote tolerance against sexual minorities. Nevertheless, Pride took place in 2007; in contrast with the counterprotestors who greatly outnumbered Pride attendees in 2005, and the banning of Pride ceremonies in 2006, the 2007 Pride was peaceable and the 500 pridegoers outnumbered around 100 counterprotestors. However, a simultaneous anti-Pride event attracted around 1000 attendees. In 2015 Europride took place in Riga attracting around 5000 participants, while a few dozens participated in a protest meeting against the event.

LGBT rights movement in Latvia

Following public manifestations of homophobia surrounding Riga Pride in 2005, some members of the LGBT community, their friends, and family members united to found the organisation Mozaīka in order to promote tolerance towards sexual minorities and LGBT rights in Latvia's society. In response, an umbrella organisation for co-ordinating anti-LGBT rights activism in Latvia, NoPride, was formed in the run-up to Riga Pride and Friendship Days 2006.