Recognition Of Same-sex Unions In San Marino
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San Marino San Marino (, ), officially the Republic of San Marino ( it, Repubblica di San Marino; ), also known as the Most Serene Republic of San Marino ( it, Serenissima Repubblica di San Marino, links=no), is the fifth-smallest country in the world an ...
has recognized
civil union 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 ...
s ( it, unione civile) for both same-sex and opposite-sex couples since 5 December 2018. The law to permit civil unions became fully operational on 11 February 2019, following a number of further legal and administrative changes.


Cohabitation rights

On 17 June 2012, the Parliament passed a bill to allow foreign persons in same-sex relationships with San Marino citizens to stay in the country. The bill stops short of giving any rights to these couples (apart from immigration) but was regardless hailed as a historic step forward. Michele Pazzini, secretary of a San Marino LGBT association, said: "This is a little step towards the full recognition of same-sex couples." The bill was passed 33 to 20.


Civil unions

In March 2016, three parties announced their own proposals to create a new gender-neutral partnership law that would expand the rights of all unmarried cohabiting couples. The main coalition party (
San Marino Common Good San Marino Common Good ( it, San Marino Bene Comune) is a centrist political and electoral alliance in San Marino, formed to contest the 2012 general election. It comprisesNovember 2016 election, the center-left coalition (consisting of United Left,
Future Republic Future Republic (Italian: ''Repubblica Futura'', RF) is a centrist political party in San Marino and one of the five current governing parties in San Marino with Democratic Socialist Left and Civic 10. The party was formed on the 24th and 25 Fe ...
and Civic 10) committed itself to approving a civil union bill. A popular initiative to legalise civil unions was introduced to
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
on 18 December 2017, and passed its first reading on 7 March 2018. Under the proposed law, couples (different-sex or same-sex) in civil unions would be able to access health benefits, pension rights and would have the same residency rights as married couples, among many other rights and benefits. The proposal was praised for going further than the Italian civil union law, approved in 2016, as it would allow for stepchild adoption. Additionally, children born during the civil union would be legally recognised as the children of both parents, and children born abroad would also be recognised.San Marino. “Unioni civili, una legge esemplare e perfino migliore della nostra”
/ref> A public consultation took place on 6 April 2018. The government indicated that it would try to have the initiative passed as soon as possible. On 27 September 2018, the Council Committee for Constitutional Affairs approved the bill by a 12–2 vote with some amendments; while now allowing for public ceremonies, the Committee conferred to the unions only a limited set of rights pertaining to marriage (residency, citizenship, pension rights, healthcare, succession rights, and stepchild adoption rights). On 15 November 2018, the Grand Council approved the bill at the second and final reading by 40 to 4 votes in favour with 4 abstentions. The law was published in the Official Bulletin on 20 November 2018 and entered into force on 5 December 2018, but was not yet fully implemented, with director of the Civil Status Lorella Stefanelli stating that February 2019 was a likely date for commencement, pending a delegated decree adding the necessary legal basis and a series of administrative adjustments. In February 2019, Guerrino Zanotti, member of the
Grand and General Council The Grand and General Council ( it, Consiglio Grande e Generale) is the parliament of San Marino. The council has 60 members elected for a five-year term. History From the fifth century San Marino was ruled by an assembly composed by all t ...
and Secretary of State for Internal Affairs, stated that the delegated decree would be adopted by the
Congress of State A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ad ...
within a few days, allowing the Civil Status to implement the new law. The decree was ratified on 11 February 2019. On 25 February 2019, the first civil union ceremony took place between Emanuele Leuzzi and Marco Cervellini, who had submitted a request on 12 February. On 24 June 2021, a law came into effect making clear that all laws and regulations referring to marriage, married couples, and spouses, apply equally to partners in a civil union.


Statistics

In 2019, 36 civil unions were performed in San Marino, of which 13 were between same-sex couples.


Same-sex marriage

In April 2014, a Sammarinese man married in
London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
filed a petition to start a debate on the recognition of foreign same-sex marriages in San Marino. On 19 September 2014, Parliament debated and rejected the proposed changes on a vote of 35–15. On 8 April 2015, the same man attempted to register his marriage in the country. In December 2017, the Parliament approved, 25 votes in favor to 20 against, an amendment to a proposed 2018 budget law that would allow same-sex marriages for foreigners. Sammarinese couples, however, will still be banned from marrying. This was done with the aim of encouraging tourism. 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 ...
now has the task of drafting legislation to implement the amendment. In November 2019, during the country's third
Universal Periodic Review The Universal Periodic Review (UPR) is a mechanism of the United Nations (UN) Human Rights Council (HRC) that emerged from the 2005 UN reform process.resolution 60/251of 3 April 2006, the UPR periodically examines the human rights performance of all ...
held by the
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
(UNHRC), the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
recommended that San Marino legalize same-sex marriage. The government "noted" (rejected) this recommendation.


Public opinion

A 2016 survey by '' La Tribuna Sammarinese'' found that 78% of Sammarinese were in favour of same-sex civil unions.Homosexual couples in San Marino: waiting for rights
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See also

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LGBT rights in San Marino Lesbian, gay, bisexual, and transgender (LGBT) persons in San Marino may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in San Marino, but households headed by same-sex couple ...
*
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

{{DEFAULTSORT:Recognition of same-sex unions in San Marino LGBT rights in San Marino
San Marino San Marino (, ), officially the Republic of San Marino ( it, Repubblica di San Marino; ), also known as the Most Serene Republic of San Marino ( it, Serenissima Repubblica di San Marino, links=no), is the fifth-smallest country in the world an ...