The Fedotova ruling was vehemently opposed by the Moldovan Orthodox Church, the largest church in Moldova. MetropolitanVladimir stated that Moldova was "in a worrying situation", saying that attempts to legalise civil partnerships "will be followed by a proportional reaction because such decisions go against the eminently Orthodox and historical conscience of the people. The Orthodox Church of Moldova urges the faithful to take a stand, obviously, strictly within limits allowed by the legislation in force of the Republic of Moldova, so that such legalisation and promotion of sin does not take place."[4]
Same-sex marriageedit
Article 48(2) of the Constitution of Moldova states that "[t]he family shall be founded on a freely consented marriage between a husband and wife, on their full equality in rights and the parents' right and obligation to ensure their children's upbringing, education and training."[5] In addition, Article 48(1) states: "The family shall represent the natural and fundamental factor of the society, and shall enjoy the State and society protection." The wording has been interpreted as banning same-sex marriage, though the Constitutional Court of Moldova has not ruled on a case challenging this definition. The Family Code refers to married spouses as "man and woman".[6] Article 2 of the code states that "family relations are performed according to the principles of [...] voluntariness of the marriage union of the man and woman [...]". Transgender persons are permitted to marry a person of the opposite sex after sex reassignment surgery and the changing of their identification documents to reflect their legal gender.[7]
In December 2022, pro-Russia news outlets were erroneously reporting that the European Union had made the legalisation of same-sex marriage a condition for Moldova's accession to the union. A motion published in the Official Journal of the European Union on 16 December 2022 "invites the Republic of Moldova to eliminate the constitutional ban on same-sex marriages established in 1994 and to establish measures to combat discrimination for LGBTI people." The motion does not oblige and does not make the accession to the EU conditional on amending the Constitution.[8]
In March 2023, four same-sex couples who were denied marriage licenses announced plans to challenge the refusal at the European Court of Human Rights.[9] A couple, Angelica Frolov and Leo Zbanke, filed a lawsuit in April 2023 seeking legal recognition for their relationship.[10]
Public opinionedit
Opinion polls report that a majority of Moldovans oppose the legal recognition of same-sex marriage. A 2014 survey from the Institute for Public Policy (IPP) showed that 6% of Moldovans supported same-sex marriage, while 87% were opposed.[11] The same survey also showed that only 6% of Moldovans knew a gay person.
A 2017 Pew Research Center poll found that 5% of Moldovans supported same-sex marriage, the lowest in Eastern Europe alongside Russia.[12] Support is increasing, with a 2022 poll commissioned by GENDERDOC-M showing that 14% of Chișinău residents supported same-sex marriage.[13] The poll also showed that residents who had a negative attitude towards LGBT people decreased from 55% to 33% in the space of three years. LGBT advocate Angelica Frolov said, in response to the survey, "Already in 2022 we have some changes at the level of legislation. Finally, the law providing for punishments for hate crimes and hate speech was passed. It is a step forward because the LGBT community will also be protected and is expressly mentioned in the law among the protected criteria. There are a lot of positive developments in the country. Obviously they are because the homophobic party, the Party of Socialists, has left, which was doing everything it could to prevent equal rights for some groups. There came a pro-European party that believes that the people should not be divided, that all people, equally, must enjoy their rights.", referencing the 2020 election in which Maia Sandu of the Party of Action and Solidarity defeated Igor Dodon of the Party of Socialists, known for its social conservatism.
^"ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
^"Oliari and Others v. Italy - 18766/11 and 36030/11". European Court of Human Rights. July 2015.
^Ragone, Sabrina (6 March 2019). "An Emerging Right to a "Gay" Family Life? The Case Oliari v. Italy in a Comparative Perspective". Cambridge University Press. 17 (3): 451–485. doi:10.1017/S2071832200019830. S2CID 157819478. The Oliari case is important for being the first judgment in which the ECtHR established the granting of legal "recognition and protection" to same-sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights.
^"Alarm from Orthodox Moldova about future of marriage". Christian Network Europe. 1 February 2023.
^"Family Code of the Republic of Moldova". cis.legislation.com. Retrieved 29 October 2022.
^Turcanu-Spatari, Vera. "Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity" (PDF). The Danish Institute for Human Rights. Retrieved 29 October 2022.
^"FAKE NEWS: The EU makes Moldova's accession conditional on the legalization of same-sex marriages". Veridica. 29 December 2022.
^"В Молдове 4 ЛГБТ-пары хотят узаконить свои отношения". Point (in Russian). 5 March 2023.
^Necșuțu, Mădălin (27 April 2023). "Moldovan LGBT Couple Sues State for Recognition". Balkan Insight.
^"Fenomenul discriminării în Republica Moldova: percepţia cetăţeanului" (PDF). Institute for Public Policy (in Romanian). Chișinău. 2014. Retrieved 29 October 2022.
^"Social views and morality". Pew Research Center. 10 May 2017.
^"Sondaj: chișinăuienii au devenit mai toleranți față de comunitatea LGBT". Radio Free Europe (in Romanian). 18 May 2022.
December 18, 2023
recognition, same, unions, moldova, moldova, does, recognize, same, marriage, civil, unions, constitution, moldova, defines, marriage, being, between, husband, wife, contents, registered, partnerships, same, marriage, public, opinion, also, notes, referencesre. Moldova does not recognize same sex marriage or civil unions The Constitution of Moldova defines marriage as being between a husband and a wife Contents 1 Registered partnerships 2 Same sex marriage 3 Public opinion 4 See also 5 Notes 6 ReferencesRegistered partnerships edit nbsp Laws regarding same sex partnerships in Europe Marriage Civil union Limited domestic recognition cohabitation Limited foreign recognition residency rights Unrecognized Constitution limits marriage to opposite sex couples May include recent laws or court decisions that have not yet entered into effect vteRegistered partnerships Romanian parteneriat inregistrat pronounced partenˈerjat ɨnredʒˈistrat a are not recognized in Moldova However the country is obliged under the European Court of Human Rights ruling in Fedotova and Others v Russia to provide legal recognition to same sex couples in some form 1 2 3 If established such a scheme would likely offer same sex couples some of the rights benefits and responsibilities of marriage The Fedotova ruling was vehemently opposed by the Moldovan Orthodox Church the largest church in Moldova Metropolitan Vladimir stated that Moldova was in a worrying situation saying that attempts to legalise civil partnerships will be followed by a proportional reaction because such decisions go against the eminently Orthodox and historical conscience of the people The Orthodox Church of Moldova urges the faithful to take a stand obviously strictly within limits allowed by the legislation in force of the Republic of Moldova so that such legalisation and promotion of sin does not take place 4 Same sex marriage editArticle 48 2 of the Constitution of Moldova states that t he family shall be founded on a freely consented marriage between a husband and wife on their full equality in rights and the parents right and obligation to ensure their children s upbringing education and training 5 In addition Article 48 1 states The family shall represent the natural and fundamental factor of the society and shall enjoy the State and society protection The wording has been interpreted as banning same sex marriage though the Constitutional Court of Moldova has not ruled on a case challenging this definition The Family Code refers to married spouses as man and woman 6 Article 2 of the code states that family relations are performed according to the principles of voluntariness of the marriage union of the man and woman Transgender persons are permitted to marry a person of the opposite sex after sex reassignment surgery and the changing of their identification documents to reflect their legal gender 7 In December 2022 pro Russia news outlets were erroneously reporting that the European Union had made the legalisation of same sex marriage a condition for Moldova s accession to the union A motion published in the Official Journal of the European Union on 16 December 2022 invites the Republic of Moldova to eliminate the constitutional ban on same sex marriages established in 1994 and to establish measures to combat discrimination for LGBTI people The motion does not oblige and does not make the accession to the EU conditional on amending the Constitution 8 In March 2023 four same sex couples who were denied marriage licenses announced plans to challenge the refusal at the European Court of Human Rights 9 A couple Angelica Frolov and Leo Zbanke filed a lawsuit in April 2023 seeking legal recognition for their relationship 10 Public opinion editOpinion polls report that a majority of Moldovans oppose the legal recognition of same sex marriage A 2014 survey from the Institute for Public Policy IPP showed that 6 of Moldovans supported same sex marriage while 87 were opposed 11 The same survey also showed that only 6 of Moldovans knew a gay person A 2017 Pew Research Center poll found that 5 of Moldovans supported same sex marriage the lowest in Eastern Europe alongside Russia 12 Support is increasing with a 2022 poll commissioned by GENDERDOC M showing that 14 of Chișinău residents supported same sex marriage 13 The poll also showed that residents who had a negative attitude towards LGBT people decreased from 55 to 33 in the space of three years LGBT advocate Angelica Frolov said in response to the survey Already in 2022 we have some changes at the level of legislation Finally the law providing for punishments for hate crimes and hate speech was passed It is a step forward because the LGBT community will also be protected and is expressly mentioned in the law among the protected criteria There are a lot of positive developments in the country Obviously they are because the homophobic party the Party of Socialists has left which was doing everything it could to prevent equal rights for some groups There came a pro European party that believes that the people should not be divided that all people equally must enjoy their rights referencing the 2020 election in which Maia Sandu of the Party of Action and Solidarity defeated Igor Dodon of the Party of Socialists known for its social conservatism See also editLGBT rights in Moldova Recognition of same sex unions in EuropeNotes edit Russian grazhdanskoe partnyorstvo pronounced ɡrɐʐˈdanskeje pɐrt ʲ ˈnʲɵrstve Gagauz vatandas ortaklik pronounced wɑtɑnˈdɑʃ oɾtɑkˈlɯk References edit ECtHR refusal of any form of legal recognition and protection for same sex couples breaches Convention EU Law Live 17 January 2023 Oliari and Others v Italy 18766 11 and 36030 11 European Court of Human Rights July 2015 Ragone Sabrina 6 March 2019 An Emerging Right to a Gay Family Life The Case Oliari v Italy in a Comparative Perspective Cambridge University Press 17 3 451 485 doi 10 1017 S2071832200019830 S2CID 157819478 The Oliari case is important for being the first judgment in which the ECtHR established the granting of legal recognition and protection to same sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights Alarm from Orthodox Moldova about future of marriage Christian Network Europe 1 February 2023 Moldova Republic of 1994 rev 2016 Constitute Project Retrieved 29 October 2022 Family Code of the Republic of Moldova cis legislation com Retrieved 29 October 2022 Turcanu Spatari Vera Study on Homophobia Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity PDF The Danish Institute for Human Rights Retrieved 29 October 2022 FAKE NEWS The EU makes Moldova s accession conditional on the legalization of same sex marriages Veridica 29 December 2022 V Moldove 4 LGBT pary hotyat uzakonit svoi otnosheniya Point in Russian 5 March 2023 Necșuțu Mădălin 27 April 2023 Moldovan LGBT Couple Sues State for Recognition Balkan Insight Fenomenul discriminării in Republica Moldova percepţia cetăţeanului PDF Institute for Public Policy in Romanian Chișinău 2014 Retrieved 29 October 2022 Social views and morality Pew Research Center 10 May 2017 Sondaj chișinăuienii au devenit mai toleranți față de comunitatea LGBT Radio Free Europe in Romanian 18 May 2022 Retrieved from https en wikipedia org w index php title Recognition of same sex unions in Moldova amp oldid 1189650970, wikipedia, wiki, book, books, library,
