LGBT rights in Slovakia

Since 2018, Slovak law has recognised a "close person", defined as a sibling or a spouse. A family member or a person in a relationship shall be considered under law a "close person" if an injury suffered by one of them is "reasonably felt by the other person as an injury suffered by him or her." Only limited rights are granted, namely in the area of inheritance.[1][2]

There is currently no legal recognition of registered partnerships in Slovakia, although several bills to legalize registered partnerships for same-sex couples were introduced in 1997, 2000, 2012, and 2018. In 2008 and 2009, the LGBT rights group Iniciatíva Inakosť (Otherness Initiative) launched a public awareness campaign for the recognition of registered life partnerships (Slovak: životné partnerstvo) between same-sex couples. In January 2008, LGBT rights activists met with the Deputy Prime Minister, Dušan Čaplovič, to discuss this proposal. Throughout 2008, Iniciatíva Inakosť also held a number of public discussions about registered partnerships.[7] The Slovak Green Party supports registered partnerships for same-sex and opposite-sex couples.[8] In March 2012, the liberal Freedom and Solidarity (SaS) party announced that it would submit a draft law on registered partnerships.[9] On 23 August, the registered partnership bill was submitted to Parliament, which would have given same-sex couples similar rights and obligations as married couples, including alimony, inheritance, access to medical documentation and the right to a widow's/widower's pension, but excluding adoption rights.[10][11] On 19 September, the ruling party, Direction - Social Democracy (Smer) announced that it would vote against the bill,[12] which was later rejected by 14–94.[13]

In August 2017, Deputy Speaker of the National Council Lucia Ďuriš Nicholsonová of SaS promised to re-submit draft legislation on registered partnerships to Parliament.[14] On 11 December 2017, following a meeting with Iniciatíva Inakosť representatives, President Andrej Kiska called for a public debate about the rights of same-sex couples.[15] On the same day, SaS reiterated its intention to introduce a registered partnership bill.[16] SaS introduced its registered partnership bill to the National Council in July 2018. Under the proposed bill, partnerships would have been open to both same-sex and opposite-sex couples and would have granted couples several rights and benefits enjoyed by married couples, namely in the area of inheritance and healthcare, among others.[17] The bill was defeated in September 2018, with only 31 out of 150 lawmakers in support.[18]

There is currently no domestic legal recognition of same-sex marriages in Slovakia, although same-sex marriages established abroad are recognized in Slovak law, and are allowed to settle and live in Slovakia. In January 2014, the Christian Democratic Movement (KDH) announced that it would submit a draft law to prohibit same-sex marriage in the Slovak Constitution.[19] In February 2014, Minister of Culture Marek Maďarič said there were enough SMER-SD MPs in favour of the constitutional ban for it to pass.[20] 40 opposition MPs introduced a draft law to the National Council to ban same-sex marriage in the Slovak Constitution.[21] Prime Minister Robert Fico stated that the governing SMER-SD would be willing to support the amendment in exchange for the opposition's support for an amendment introducing changes in the judicial system.[22] The bill passed its first reading in a 103–5 vote in March 2014.[23] The amendment could cause any future laws recognising same-sex couples to be unconstitutional.[24][25] In June 2014, it was passed and signed into law by President Ivan Gašparovič, with 102 MPs voting for and 18 against.[26] Article 41 reads as follows:[27][28]

Marriage is a unique union between a man and a woman. The Slovak Republic protects marriage in all of its aspects and supports its welfare. Marriage, parenthood and family are under the protection of the law. Special protection of children and juveniles is guaranteed.[lower-alpha 1]

In December 2013, a conservative civil initiative group named Aliancia za rodinu (Alliance for the Family) announced that it would demand a constitutional definition of marriage as "a union solely between a man and a woman".[29] The Alliance intended to initiate referendums on several issues, and demanded a ban on same-sex adoption and the prohibition of sex education in schools. They also demanded that other types of cohabitation should never be held equal to a marriage between a man and a woman.[30][31] Activists from the Alliance also criticised Swedish company Ikea for its corporate magazine, which featured two lesbians raising a son.[32]

In August 2014, Aliancia za rodinu collected more than 400,000 signatures for a petition to hold a referendum on 4 questions:[33]

1. Do you agree that no other cohabitation of persons other than a bond between one man and one woman can be called marriage?

2. Do you agree that same-sex couples or groups shouldn't be allowed to adopt children and subsequently raise them?

3. Do you agree that no other cohabitation of persons other than marriage should be granted particular protection, rights and duties that the legislative norms as of 1 March 2014 only grant to marriage and to spouses (mainly acknowledgement, registration, or recording as a life community in front of a public authority, the possibility to adopt a child by the spouse of a parent)?

4. Do you agree that schools cannot require children to participate in education pertaining to sexual behaviour or euthanasia if their parents or the children themselves do not agree with the content of the education?

President Andrej Kiska asked the Constitutional Court to consider the proposed questions.[34] In October 2014, the Constitutional Court ruled that the third question was unconstitutional.[35]

A referendum on the other three questions was held on 7 February 2015. All three proposals were approved, but the referendum was declared invalid due to insufficient turnout (21.07%). The referendum required a 50% turnout to be valid.[36] Opponents, including LGBT activists, advised voters to boycott the referendum.

On 5 June 2018, in Coman and Others v General Inspectorate for Immigration and Ministry of the Interior, the European Court of Justice ruled in favour of a Romanian-American same-sex couple who sought to have their marriage recognized in Romania, so that the American partner could reside in the country. The Court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. Furthermore, the Court ruled that the term "spouse" is gender-neutral, and that it does not necessarily imply a person of the opposite sex. Same-sex couples resident in Slovakia who have married in member states that have legalized same-sex marriage, and where one partner is an EU citizen, enjoy full residency rights as a result of the ruling.[37] The Slovak Interior Ministry quickly announced immediate compliance with the ruling.[38] The European Court of Justice's landmark ruling was praised by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and other human rights groups, while clerics from the Slovak Catholic Church condemned it.[39][40]