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Debate has occurred throughout Europe over proposals to legalize same-sex marriage as well as same-sex civil unions. Currently 28 of the 50 countries and 7 of the 9 dependent territories in Europe recognize some type of same-sex unions, among them most members of the European Union, 22 out of 28.
Contents
- ECHR case law
- Government proposals or proposals with a parliamentary majority
- Opposition proposals or proposals without a parliamentary majority
- Mutual recognition
- Public opinion
- References
As of March 2017, thirteen European countries legally recognize and perform same-sex marriage, namely Belgium, Denmark, Finland, France, Iceland, Ireland, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom. An additional fourteen European countries legally recognize some form of civil union, namely Andorra, Austria, Croatia, Cyprus, the Czech Republic, Estonia, Germany, Greece, Hungary, Italy, Liechtenstein, Malta, Slovenia, and Switzerland. San Marino only allows immigration and cohabitation of a citizen's partner.
Of the countries that recognize and perform same-sex marriages some still allow couples to enter civil unions, e.g. Benelux countries, France and the United Kingdom, whereas 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 recognize 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, Hungary, Latvia, Lithuania, Moldova, Montenegro, Poland, Serbia, Slovakia and Ukraine. Of these, however, Croatia and Hungary recognize same-sex partnerships.
ECHR case law
Over the years, the European Court of Human Rights (ECtHR) 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 (ECHR) 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 (24 June 2010), the European Court of Human Rights decided that the European Convention on Human Rights does not oblige member states to legislate for or legally recognize 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 (7 November 2013), 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 (21 July 2015) 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, Danish and Dutch territories, and the states with limited recognition (excluding Kosovo), that currently do not recognize same-sex couples' right to family life.
Chapin and Charpentier v France (9 June 2016) 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 (PACS) was available to same-sex couples in France.
Government proposals or proposals with a parliamentary majority
Alderney: On 21 February 2017, the States of Alderney's Policy and Finance Committee backed a proposal to draft a bill to legalise same-sex marriage on the island. It is expected it will be a year before such a law comes into effect.
Faroe Islands: A same-sex marriage bill was approved in final reading in the Faroese Parliament on 29 April 2016 by a 19-14 vote. It will now be sent to the Danish Parliament for ratification through three readings and Royal Assent.
Germany: The opposition party The Left submitted a bill to the Federal Diet on 23 October 2013. It had its first reading on 19 December 2013.
On 5 June 2015 the states of Baden-Württemberg, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig-Holstein and Thuringia submitted a bill to the Federal Council. On 12 June 2015 it had its first reading and was sent to the committees. It was approved on second reading and sent to the Federal Diet on 25 September 2015.
The opposition party Alliance '90/The Greens submitted a further bill to the Federal Diet on 10 June 2015. It had its first reading on 18 June 2015. In March 2017, the Social Democratic Party (SDP), the junior partner in the coalition government, announced they would press their coalition partner, the Christian Democratic Union, to legalise same-sex marriage in the face of overwhelming public support. Together the Left, Greens and SDP hold over 50% of seats in parliament.
Jersey: On 14 July 2015 the Chief Minister submitted a proposal to parliament. The States were asked to decide whether they agree, in principle, that same-sex couples should be allowed to marry. The proposition was approved by the Assembly on 22 September 2015. Legislation to bring the law into effect was scheduled for introduction by January 2017 but has been delayed.
Malta: On 21 February 2017, civil liberties minister Helena Dalli announced that a bill was being drafted that would legalise same-sex marriage in Malta.
Opposition proposals or proposals without a parliamentary majority
Austria: The opposition party NEOS – The New Austria submitted a bill to the National Council on 12 June 2014. On 24 September 2014 it had its first reading and was sent to the Judiciary Committee. A people's initiative was submitted to the National Council on 5 August 2015 and sent to the Petition and People's Initiative Committee on 8 August 2015.
Italy: Two bills were submitted to the Senate on 15 March 2013. A third bill was submitted on 5 April 2013. On 18 June 2013 the examination of those bills by several committees started.
Switzerland: On 5 December 2013 the Green Liberal Party of Switzerland submitted a parliamentary initiative to the National Council, proposing a constitutional amendment allowing couples to enter into a marriage or civil union irrespective of sex and sexual orientation. On 20 February 2015 the lower house's Justice Committee recommended approval of the proposal. On 1 September 2015, it was also approved by the upper house's Justice Committee, paving the way for a referendum on the constitutional amendment.
In March 2015, the Swiss Federal Council released a governmental report on the modernization of family law. It suggests a repeal of the current law on registered partnerships, to be replaced by a new gender-neutral form of partnership registration, modelled on the French civil solidarity pact, as well as marriage for same-sex couples. The Swiss President Simonetta Sommaruga, in charge of the Federal Department of Justice and Police, also stated that she hoped personally that gay and lesbian couples would soon be allowed to marry.
Government proposals or proposals with a parliamentary majority
San Marino: In March 2016, two opposition parties, LabDem and the United Left, along with the main government party, the Sammarinese Christian Democratic Party, announced their own proposals to expand the rights of all unmarried cohabiting couples through a new partnership law. The junior coalition partner, the Party of Socialists and Democrats, has also announced an intention to submit a fourth bill. The United Left won the 20 November 2016 elections and has pledged to introduce civil unions.
Opposition proposals or proposals without a parliamentary majority
Monaco: On 27 October 2016, the National Council unanimously adopted a proposal to create gender-neutral "contrat de vie commun" (CVC) modeled on the French PACS. The proposal now goes to the government, which has six months to decide whether to pursue it, and if so, another 12 months to implement the proposal.
Romania: A civil partnership bill is currently before the Chamber of Deputies. Although it was rejected by the Senate on 24 October 2016, debate has continued in several committees of the Chamber of Deputies into 2017.
Mutual recognition
European Union: Debate has occurred in the European Union over a proposal which would require each member to legally recognize each other's same-sex marriages as well as any member's civil unions and registered partnerships to ensure the right of freedom of movement for citizens' family members.
Public opinion
Public support for same-sex marriage from EU member states as measured from a 2015 poll is the greatest in the Netherlands (91%), Sweden (90%), Denmark (87%), Spain (84%), Ireland (80%), Belgium (77%), Luxembourg (75%), the United Kingdom (71%) and France (71%). 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 the Marriage Act, 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 more than doubled between 2006 and 2015, albeit still considerably low. In 2006 15% responded that they agreed with same-sex marriages being allowed throughout Europe, whereas in 2015 33% agreed with the statement.
In Ireland, a 2008 survey revealed 84% of people supported civil unions for same-sex couples (and 58% for same-sex marriage), 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.
A March 2013 survey by Taloustutkimus found that 58% of Finns supported same-sex 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, Poland, 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%.