Same-sex marriage in Slovenia has been legal since 9 July 2022 in accordance with a ruling from the
Constitutional Court of Slovenia
The Constitutional Court of Slovenia (in Slovene: ''Ustavno sodišče Republike Slovenije, US RS'') is a special court established by the Slovenian Constitution. Since its inception, the Court has been located in the city of Ljubljana.
Jurisdic ...
. The court ruled that the ban on
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
s violated the
Constitution of Slovenia
The Constitution of the Republic of Slovenia ( sl, Ustava Republike Slovenije) is the fundamental law of the Republic of Slovenia.
Writing and amendments
Preparation of the document began in August 1987 in the Slovene Writers' Association, and a ...
and gave the
Slovenian Parliament
The Slovenian Parliament ( sl, Slovenski parlament) is the informal designation of the general representative body of the Slovenian nation and the legislative body of the Republic of Slovenia.
According to the Constitution of Slovenia, the gene ...
six months to amend the law to align with the ruling, although the decision took effect immediately.
The
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
passed legislation on 4 October 2022, which was overridden by the
National Council one week later, but reconfirmed with a final vote in the National Assembly on 18 October 2022.
Slovenia
Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
was the first country of former
Yugoslavia
Yugoslavia (; sh-Latn-Cyrl, separator=" / ", Jugoslavija, Југославија ; sl, Jugoslavija ; mk, Југославија ;; rup, Iugoslavia; hu, Jugoszlávia; rue, label=Pannonian Rusyn, Югославия, translit=Juhoslavija ...
to legalise same-sex marriage, the 18th in
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
, and the 31st worldwide. Previously, a bill to legalize same-sex marriage had been approved by Parliament on 3 March 2015; however, it was rejected in a
referendum on 20 December 2015.
Slovenia has also recognized
partnership
A partnership is an arrangement where parties, known as business partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments o ...
s since 24 February 2017. These provide same-sex partners with all of the legal rights of
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
, with the exception of
joint adoption and
in vitro fertilisation
In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) ...
. Previously, Slovenia had recognized a more limited form of registered partnerships for same-sex couples, which gave same-sex partners access to pension and property rights.
Partnerships
Registration of Same-Sex Partnerships Act 2005
A comprehensive
registered partnership
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
bill passed its
first reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...
in Parliament in July 2004, but was rejected during its second reading in March 2005. The bill would have provided for all of the rights of
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
except for joint
adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
rights.
A law establishing partnerships,
titled the ''Registration of Same-Sex Partnerships Act 2005'' (; ZRIPS), was proposed by the
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
of
Janez Janša
Ivan Janša (; born 17 September 1958), baptized and best known as Janez Janša (), is a Slovenian politician who served three times as a prime minister of Slovenia, a position he had held from 2004 to 2008, from 2012 to 2013, and from 2020 to 2 ...
on 31 March 2005. The law covered only
property rights
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically ...
, the obligation to support a socially weaker partner, and some
inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
rights. It did not grant any rights in the areas of
social security
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
,
health insurance
Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among ma ...
, and
pension
A pension (, from Latin ''pensiō'', "payment") is a fund into which a sum of money is added during an employee's employment years and from which payments are drawn to support the person's retirement from work in the form of periodic payments ...
rights and it did not confer the status of a
next-of-kin
A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal d ...
to the partner. The adoption of this law sparked a political debate in the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
, with deputies from the
Slovenian National Party
The Slovenian National Party ( sl, Slovenska Nacionalna Stranka, SNS) is a Nationalism, nationalist List of political parties in Slovenia, political party in Slovenia led by Zmago Jelinčič Plemeniti. The party is known for its Euroscepticism a ...
opposing the recognition of same-sex unions. The opposition
Social Democrats
Social democracy is a political, social, and economic philosophy within socialism that supports political and economic democracy. As a policy regime, it is described by academics as advocating economic and social interventions to promote so ...
and
Liberals argued that the proposed law was too weak and refused to take part in the voting. The bill was passed with 44 votes for and 3 against on 22 June 2005. It was published in the
government gazette
A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...
on 8 July, and became effective on 23 July 2006.
[Zakon o registraciji istospolne partnerske skupnosti (ZRIPS)]
On 2 July 2009, the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
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
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
on the basis of
sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
, breaching Article 14 of the
Constitution of Slovenia
The Constitution of the Republic of Slovenia ( sl, Ustava Republike Slovenije) is the fundamental law of the Republic of Slovenia.
Writing and amendments
Preparation of the document began in August 1987 in the Slovene Writers' Association, and a ...
. It gave Parliament six months to remedy the situation. In response, the Minister of the Interior,
Katarina Kresal
Katarina Kresal (born 28 January 1973) is a Slovenian politician. She was the Minister of the Interior in the government of Borut Pahor from 24 November 2008 till 19 August 2011.
Biography
Born in Ljubljana, Kresal studied law at the University o ...
, announced that the government of
Borut Pahor
Borut Pahor (; born 2 November 1963) is a Slovenian politician who served as President of Slovenia from 2012 to 2022. He previously served as Prime Minister of Slovenia from November 2008 to February 2012.
A longtime member and former presid ...
would prepare a new law, which would legalise same-sex marriage.
This sparked considerable controversy in the public.
[New Family Law Allowing Gay Marriage Stirs Controversy](_blank)
The ''Registration of Same-Sex Partnerships Act 2005'' was repealed upon passage of the ''Partnership Act 2016'', and ceased to be operational on 24 August 2017.
The ability to enter into a partnership was ended, and all partnerships were converted into the new civil partnerships established by the 2016 legislation.
Family Code 2011 reforms and referendum
On 2 July 2009, Minister Kresal announced that Slovenia was likely to legalize same-sex marriage in the near future, citing the Pahor Government's commitment to provide equal rights to same-sex couples. The announcement stirred some level of public controversy, mainly because it provided grounds for
same-sex adoption
Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child ( stepchild adoption).
Joint adoption by same-sex cou ...
.
On 21 September 2009, the government presented a draft of the new Family Code, which would allow same-sex couples to marry and adopt children.
The bill went through a period of
public consultation
Public consultation (Commonwealth countries and European Union), public comment (US), or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, ...
until 1 November 2009. In December 2009, the government considered amendments to the bill, and gave final approval to the measure on 17 December 2009. It was submitted to the National Assembly on 21 December 2009. On 2 March 2010, the bill was approved by the Assembly in its first reading. On 24 January 2011, the government announced its intention to amend the bill before final passage in the National Assembly. The amendments were 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 the rights of marriage except for joint adoption, but
stepchild adoption
Lesbian, gay, bisexual, transgender (LGBT) rights in Italy significantly advanced in the 21st century, although LGBT people still face some legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2021 report, the stat ...
would be permitted.
[Ministrstvo je pripravilo kompromisni predlog družinskega zakonika]
On 3 March 2010, the
Supreme Court of Slovenia
The Supreme Court of the Republic of Slovenia (''Vrhovno sodišče Republike Slovenije'') is, according to Article 127 of the Constitution, the highest court in Slovenia. Its seat is in Ljubljana. The court's current president is Damijan Florjanč ...
ruled that a male couple with dual Slovenian-American citizenship, who adopted a baby girl in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, were to be recognised as the child's legal parents in Slovenia as well. On 17 July 2011, the Ministry for Work, Family and Social Affairs allowed a woman to adopt her same-sex partner's biological offspring. This raised the possibility that such adoption could be possible even if the 2011 Family Code were to be repealed in a referendum.
On 7 April 2011, the National Assembly approved the amended bill in its second reading and sent it for a third reading.
[Odbor za delo potrdil t.i. kompromisni predlog družinskega zakonika]
It passed its final reading on 16 June 2011.
The new law was challenged on 1 September 2011 by a conservative popular movement called "The Civil Initiative for the Family and Rights of Children", which called for a national
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on the issue, and started gathering the requisite signatures. In response, the government asked the Constitutional Court to declare whether such a referendum would be constitutional. On 26 December 2011, the Constitutional Court ruled that holding a referendum on this issue was constitutional. A
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on 25 March 2012 led to the rejection of the bill.
Partnership Bill 2014
On 14 April 2014, the Ministry of Labour, Family, Social Affairs and Equal Opportunities, Anja Kopač Mrak, presented a bill to grant partnerships all the rights of marriage, except for adoption and
artificial insemination
Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatme ...
. It underwent a public consultation process until 5 May 2014. However, the bill's fate was uncertain due
early parliamentary elections on 13 July 2014, which were held following the resignation of Prime Minister
Alenka Bratušek
Alenka Bratušek (; born 31 March 1970) is a Slovenian politician. She was Prime Minister of Slovenia from March 2013 until May 2014, the first woman in Slovenia to hold this position. She was president ''pro tempore'' of the Positive Slovenia pa ...
. On 15 October 2014, the Ministry announced another public consultation on the draft, which lasted until 15 November. In January 2015, Minister Anja Kopač Mrak said that the bill would be put on hold while a proposal to legalise same-sex marriage was to be considered by Parliament.
Partnership Act 2016
On 22 December 2015, following the
20 December 2015 referendum, which prevented same-sex marriage from being legalized in Slovenia, Deputy Jani Möderndorfer introduced a bill to grant same-sex couples all the rights of marriage, except for joint adoption and
in vitro fertilisation
In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) ...
. The bill would also repeal the ''Registration of Same-Sex Partnerships Act 2005'', and all partnerships would have to be converted to a new institution, called ''partnerska zveza'' () in
Slovene, within the first six months after the bill's date of application.
''Partnerska zveza'' has the same formal registration procedure as marriages. On 10 March 2016, the
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
of
Miro Cerar
Miroslav Cerar Jr. (, known as Miro Cerar ;) is a Slovenian law professor and politician. He was Prime Minister of Slovenia, leading the 12th Government. He served as Deputy Prime Minister and Minister of Foreign Affairs in the 13th Government ...
expressed its support for the bill. On 5 April, the bill was approved by the Committee on Labour, Family, Social Policy and Disability of the National Assembly. On 21 April, it was approved by the Assembly in a 54–15 vote. The
National Council did not require the Assembly to vote on the bill again.
On 28 April, the Union of Migrant Workers (SDMS) filed a motion, with 2,500 signatures, in order to be allowed to proceed with a petition for a referendum. However, on 5 May, the Speaker of the National Assembly,
Milan Brglez
Milan Brglez (; born 1 September 1967) is a Slovenian political scientist and politician who served as Speaker of the National Assembly of Slovenia from 2014 to 2018. He has served as a Member of the European Parliament (MEP) since 2019. A member ...
, refused to set a thirty-five-day deadline during which the proposers could collect 40,000 valid signatures to force a referendum, arguing that this and several other SDMS referendum initiatives constituted an abuse of the referendum laws. He sent the bill for
promulgation
Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect.
After a new law ...
the next day. It was promulgated by President
Borut Pahor
Borut Pahor (; born 2 November 1963) is a Slovenian politician who served as President of Slovenia from 2012 to 2022. He previously served as Prime Minister of Slovenia from November 2008 to February 2012.
A longtime member and former presid ...
and published in the official gazette on 9 May 2016. The law took effect on the 15th day after its publication (i.e. 24 May 2016) and became operational nine months later (i.e. 24 February 2017).
On 10 May, SDMS challenged Brglez's decision to the Constitutional Court. The court rejected the challenge on 21 July 2016.
Statistics
According to Slovenia's official statistics agency, SiStat, 284 same-sex partnerships had been performed in Slovenia under both the 2005 and 2016 laws up to the end of 2018. A majority of partnerships were between men, and most were performed in 2017 and 2018.
Same-sex marriage
Attempt at legalisation in 2015
On 15 December 2014, the opposition
United Left (ZL) introduced a bill to the
Slovenian Parliament
The Slovenian Parliament ( sl, Slovenski parlament) is the informal designation of the general representative body of the Slovenian nation and the legislative body of the Republic of Slovenia.
According to the Constitution of Slovenia, the gene ...
to legalise
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
. The sponsors of the bill said its goal was to "provide equal rights to all members of society". The Cerar Government expressed no opposition to the bill. Two of the three parties in the governing coalition, the
Modern Centre Party
The Modern Centre Party ( sl, Stranka modernega centra, SMC) was a social-liberal political party in Slovenia led by Minister of Economical Development and Technology Zdravko Počivalšek, who succeeded former Prime Minister and former Minister ...
(SMC) and the
Social Democrats
Social democracy is a political, social, and economic philosophy within socialism that supports political and economic democracy. As a policy regime, it is described by academics as advocating economic and social interventions to promote so ...
(SD), backed the bill, as did the opposition ZL and the
Alliance of Alenka Bratušek (ZaAB). The third party in the coalition, the
Democratic Party of Pensioners of Slovenia
The Democratic Party of Pensioners of Slovenia ( sl, Demokratična stranka upokojencev Slovenije, also known by the acronym DeSUS) is a political party in Slovenia led by Ljubo Jasnič. The party claims broadly liberal values with a strong focus ...
(DeSUS), decided to allow a
conscience vote
A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party. In a parliamenta ...
within its ranks. Only the
Slovenian Democratic Party
The Slovenian Democratic Party ( sl, Slovenska demokratska stranka, SDS), formerly the Social Democratic Party of Slovenia ( sl, Socialdemokratska stranka Slovenije, SDSS), is a conservative political party in Slovenia. It has been described as ...
(SDS) and
New Slovenia
New Slovenia – Christian Democrats ( sl, Nova Slovenija – Krščanski demokrati, NSi) is a Christian-democratic, conservative political party in Slovenia. Since 2018, it is led by Matej Tonin. The party was formed on 4 August 2000 following ...
(NSi) opposed it.
On 10 February 2015, the Committee on Labour, Family, Social Policy and Disability of the National Assembly passed the bill by 11 votes to 2. The Assembly passed the bill in its third reading in a 51–28 vote on 3 March. On 10 March 2015, the
National Council rejected a motion to require the Assembly to vote on the bill again in a 14–23 vote. The bill was sent to President
Borut Pahor
Borut Pahor (; born 2 November 1963) is a Slovenian politician who served as President of Slovenia from 2012 to 2022. He previously served as Prime Minister of Slovenia from November 2008 to February 2012.
A longtime member and former presid ...
for his signature or veto.
On 10 March 2015, opponents of the bill announced that they had collected more than 80,000 signatures to call for a referendum. They filed 2,500 of them, as required, in order to be allowed to proceed with the petition for a popular vote. On 17 March, the leader of the SMC parliamentary group said that, although the party supported same-sex marriage legislation, it would not try to prevent a possible referendum on the issue. ZL, the main proponent of the bill, criticized the statement. However, on 19 March, SMC politicians clarified that they were against blocking proponents from collecting signatures, but that the party would support the motion to block the referendum when the signatures are submitted.
On 23 March 2015, a thirty-five-day term began in which the supporters of an eventual referendum had to collect 40,000 valid signatures. On the same day, a group of 23 deputies from SD, DeSUS, ZL and ZaAB filed a request calling for a
special session
In a legislature, a special session (also extraordinary session) is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year (often delayed by confli ...
of the Assembly in order to vote on a motion to block the referendum. On 26 March, the National Assembly voted 53–21 to block the referendum on the grounds that it would violate the constitutional provision prohibiting popular votes on laws eliminating
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
and fundamental freedoms.
The proponents of the referendum, who announced that they had collected 48,146 signatures before the Assembly's vote, said they would
appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
the decision to the Constitutional Court, which they did on 2 April. The court had the option of declaring the referendum unconstitutional, as Article 90 of the Constitution prohibits referendums on the subject of constitutionally protected human rights. Any referendum in Slovenia is only successful if a majority of participants and at least 20% of all eligible voters vote in favor of the law. The Constitutional Court deliberated about the appeal in four sessions on 10 June, 9 July, 10 September and 24 September. In October 2015, the
Roman Catholic Archbishop of Ljubljana,
Stanislav Zore, intervened politically to signal his support for the referendum.
On 22 October 2015, the court officially published its decision, permitting the referendum to proceed. However, the ruling did not address Article 90, making a new challenge to the referendum possible. The ruling solely regarded the ability of the National Assembly to declare a referendum unconstitutional.
Referendum
On 4 November 2015, the National Assembly decided that the referendum would take place on 20 December 2015. The bill was rejected, as a majority of voters voted against and the votes against were more than 20% of registered voters, as required by the Constitution.
2022 Constitutional Court ruling and passage of legislation
On 16 June 2022, the Constitutional Court ruled 6–3 that the heterosexual definition of marriage was inconsistent with the
Constitution of Slovenia
The Constitution of the Republic of Slovenia ( sl, Ustava Republike Slovenije) is the fundamental law of the Republic of Slovenia.
Writing and amendments
Preparation of the document began in August 1987 in the Slovene Writers' Association, and a ...
's requirement for equal treatment. Discrimination against same-sex couples "cannot be justified with the traditional meaning of marriage as a union between a man and a woman", the court ruled. It found that article 3 of the Family Code, which defined marriage as the union of "a husband and a wife", was incompatible with the Constitution. The court ordered the
Slovenian Parliament
The Slovenian Parliament ( sl, Slovenski parlament) is the informal designation of the general representative body of the Slovenian nation and the legislative body of the Republic of Slovenia.
According to the Constitution of Slovenia, the gene ...
to bring legislation in line within six months, although the ruling took effect immediately.
As a result, marriages between two adults of the same sex can be performed in Slovenia from that day. The court wrote that the decision "does not diminish the importance of traditional marriage as a union of a man and a woman, nor does it change conditions under which persons of the opposite sex marry. All it means is that same-sex partners can now marry just like heterosexual partners can." The court also ruled that the ban on joint adoption by same-sex couples was inconsistent with the constitutional requirement for equal treatment. Slovenia was the first country of former
Yugoslavia
Yugoslavia (; sh-Latn-Cyrl, separator=" / ", Jugoslavija, Југославија ; sl, Jugoslavija ; mk, Југославија ;; rup, Iugoslavia; hu, Jugoszlávia; rue, label=Pannonian Rusyn, Югославия, translit=Juhoslavija ...
to legalize same-sex marriage, the first of the former communist countries (excluding
East Germany
East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state ...
), and the 18th in
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
. The court's decisions were published on 8 July and became effective on 9 July.
Parties of the
coalition government
A coalition government is a form of government in which political parties cooperate to form a government. The usual reason for such an arrangement is that no single party has achieved an absolute majority after an election, an atypical outcome in ...
welcomed the decision in announcements on social media.
The Minister of Labour, Family, Social Affairs and Equal Opportunity,
Luka Mesec
Luka Mesec (born 1 July 1987) is a Slovenian politician and activist who has been the leader of the eco-socialist The Left party since June 2017. Mesec was elected to the Slovenian National Assembly for the first time at the 2014 parliamentary ...
, welcomed the court decision and said he would prepare draft legislation to conform with the ruling: "The Constitutional Court has ordered us to do it, and we will do it with the greatest pleasure."
[ Prime Minister ]Robert Golob
Robert Golob (born 23 January 1967) is a Slovenian businessman and politician, serving as Prime Minister of Slovenia and leader of the Freedom Movement since 2022.
Early life and education
Golob obtained his PhD in electrical engineering at t ...
also welcomed the court ruling. The government published legislation to amend the Family Code in accordance with the court's ruling on 15 July, and stated that the amendments to the code would be fast-tracked through the Parliament. The National Assembly passed the bill on 4 October 2022 in a 48–29 vote. The LGBT rights group Legebitra released the following statement, "After more than 30 years of demands for legal recognition of same-sex partnerships, we are finally closer to actual equality. We are happy that the MPs supported the changes to the Family Code with a majority of votes and finally equalized the rights of same-sex couples in marriage and equal treatment in adoptions."
On 11 October 2022, the bill was given a suspensory veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
by the National Council by a vote of 17 to 11, requiring another vote in the National Assembly. That same day, representatives of the Coalition for Children submitted some 30,600 signatures to the National Assembly to start the process of a conducting a referendum on the vetoed legislation; however, referendums that deal with human rights are not permitted by law. It was announced on 14 October that there would be an extraordinary legislative session in the Assembly the following Tuesday, 18 October, to re-vote on the vetoed legislation. The Assembly passed the bill by a final vote of 51–24.
On 28 October 2022, the National Assembly approved a resolution by 45 votes to 27 with 2 abstentions, deeming a proposed referendum on changes to the Family Code inadmissible.
The bill was signed into law by President Borut Pahor
Borut Pahor (; born 2 November 1963) is a Slovenian politician who served as President of Slovenia from 2012 to 2022. He previously served as Prime Minister of Slovenia from November 2008 to February 2012.
A longtime member and former presid ...
, and published in the ''Official Gazette of the Republic of Slovenia'' on 28 October. Opponents of the legislation were informed that they had 15 days from the publication date to contest the decision to the Constitutional Court (i.e. until 12 November), which they did within that time period.
Public opinion
A Eurobarometer
Eurobarometer is a series of public opinion surveys conducted regularly on behalf of the European Commission and other EU Institutions since 1973. These surveys address a wide variety of topical issues relating to the European Union throughout i ...
survey published in December 2006 showed that 31% of Slovenes
The Slovenes, also known as Slovenians ( sl, Slovenci ), are a South Slavic ethnic group native to Slovenia, and adjacent regions in Italy, Austria and Hungary. Slovenes share a common ancestry, culture, history and speak Slovene as their n ...
surveyed supported same-sex marriage and 17% supported same-sex adoption. Both were lower than the EU average of 44% and 33%, respectively.
A survey conducted in October 2009 showed that 23% of respondents supported adoption rights for same-sex couples, while 74% were opposed.
A poll conducted by ''Delo
''Delo'' (russian: Дело) is a business oriented online media in Ukraine, belonging to ekonomika+ media holding.
''Delo'' was the first daily in Ukraine, publishing its real print circulation (13.000 - 15.000) and trying to introduce Western e ...
'' in February 2015 showed that 59% of Slovenians supported same-sex marriage, while 37% were against. A separate question in the same survey found that 51% of Slovenians supported the bill which was being debated in the National Assembly at the time to allow same-sex marriage, while 42% were against. The poll also showed that 38% of respondents supported adoption by same-sex couples and 55% were opposed. Another poll conducted by Ninamedia in March 2015 showed that 42% of respondents supported the new law, while 54% were opposed. Support was highest among those younger than 30, and in the Slovene Littoral
The Slovene Littoral ( sl, Primorska, ; it, Litorale; german: Küstenland) is one of the five traditional regions of Slovenia. Its name recalls the former Austrian Littoral (''Avstrijsko Primorje''), the Habsburg possessions on the upper Adria ...
.
A poll conducted by ''Delo'' in March 2015 showed that a majority of respondents thought that the Constitutional Court should not allow a referendum on the issue of same-sex marriage. Of those who said they would participate in a possible referendum, 36% said they would support the law, and 50% said they would vote against it.
The 2015 Eurobarometer found that 54% of Slovenians thought that same-sex marriage should be allowed throughout Europe, while 40% were against. In 2019, the Eurobarometer found that support had increased to 62%, while 35% were opposed.
See also
* LGBT rights in Slovenia
Lesbian, gay, bisexual, and transgender (LGBT) rights in Slovenia have significantly evolved over time. Slovenia is the first and currently the only post-communist and Slavic country to legalise same-sex marriage.
LGBT history in Slovenia
...
* Recognition of same-sex unions in Europe
Recognition may refer to:
*Award, something given in recognition of an achievement
Machine learning
*Pattern recognition, a branch of machine learning which encompasses the meanings below
Biometric
* Recognition of human individuals, or biomet ...
References
External links
UKAZ o razglasitvi Zakona o registraciji istospolne partnerske skupnosti (ZRIPS)
''Uradni list Republike Slovenije'' (in Slovene)
{{Same-sex marriage in Europe
LGBT rights in Slovenia
Slovenia
Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
2022 in LGBT history
2022 in Slovenia