 | |
| Parliament of Georgia | |
|---|---|
| |
| Territorial extent |  Georgia |
| Signed by | Chairperson of the Parliament of GeorgiaShalva Papuashvili |
| Signed | 3 October 2024 |
| Legislative history | |
| Committee responsible | Legal Issues Committee |
| First reading | 27 June 2024 |
| Voting summary |
|
| Second reading | 4 September 2024 |
| Voting summary |
|
| Third reading | 17 September 2024 |
| Voting summary |
|
| Status: In force | |
TheGeorgian anti-LGBT propaganda law[1] (Georgian:საქართველოს კანონი ლგბტ პროპაგანდის წინააღმდეგ,romanized:sakartvelos k'anoni lgbt' p'rop'agandis ts'inaaghmdeg), formally theLaw on Family Values and Protection of Minors[2] (Georgian:საქართველოს კანონი ოჯახური ღირებულებებისა და არასრულწლოვნების დაცვის შესახებ,romanized:sakartvelos k'anoni ojakhuri ghirebulebebisa da arasrults'lovnebis datsvis shesakheb), is a legislative package inGeorgia that was passed with the third and final reading by theParliament of Georgia on 17 September 2024 and was signed into effect on 3 October 2024.[3] Its introduction was announced by theChairman of Georgian ParliamentShalva Papuashvili on 4 June. The package consists of the "core law", the Law on Family Values and Protection of Minors, and 18 amendments which modified various existing laws in Georgia, including the Civil Code, the Labor Code, the General Education Act etc.[4]
The legislation was supported by the rulingGeorgian Dream party, its allyPeople's Power, and the pro-governmentEuropean Socialists party. The bill's voting wasboycotted by opposition parties, exceptGirchi, which attended the session and criticized the bill.[5] The oppositionFor Georgia party, while not attending the parliamentary discussion, still voiced partial support for the bill.[6]
Georgian PresidentSalome Zourabichvili refused to sign the bill, returning it to the Georgian Parliament, after which Chairman of Georgian ParliamentShalva Papuashvili signed the bill into the law.[3][7]
The bill was met by international condemnation from Western countries and organizations such as the EU and US. The EU described the bill as "harmful" and stated that it was considering stripping Georgians of visa free travel to the EU and freezing other agreements such asEU candidacy following the passage of the bill. While most of Georgians support theEuropean integration, most Georgians at the same time have negative opinion on theLGBT movement and considerhomosexuality to be unacceptable.[8][9]
Following the EU, the US likewise sanctioned various members of the Georgian parliament following passage of the bill.[10][11][12]
The legislation has been compared to similar laws inBulgaria[13] andRussia.[14]
The active discussions on banning the "LGBT propaganda" in Georgia's parliament began in 2023. Speaking to news media on 1 May 2023,Mamuka Mdinaradze, the leader of the Georgia's parliamentary majority, claimed that a survey by American research firmGallup, which identified 20% of adult members ofGeneration Z inUSA as LGBT, had demonstrated that 'LGBT propaganda' could 'dramatically increase' the number of representatives of the LGBT community. He said that a strict line must be drawn between "protection of LGBT rights" and "propaganda of LGBT".[15] On 3 May,Fridon Injia, a member of pro-governmentEuropean Socialists party, stated that he would draft the bill to outlaw the "LGBT propaganda", saying that the "LGBT propaganda destroys Georgia, the Georgian family, the state, it affects the demographic situation, it's unacceptable for the mentality of a Georgian man".[16] On 4 May, Georgian Prime MinisterIrakli Garibashvili for the first time took part in theConservative Political Action Conference inBudapest, where he spoke of the importance of preserving "traditional values" and the inadmissibility of "violence by the minority against the majority" in a denunciation of "aggressive [LGBT] propaganda" as a tool to forcefully change the traditional values of the majority.[17] Prime Minister elaborated that "the imposition of LGBT values is the violence of the minority over the majority" and also stated that "90 percent of Georgians share conservative views and family-based values", "Christian values", adding that both minority and majority should be protected.[18] On 12 June 2024, the government introduced a draft law to ban thecommercial surrogacy for foreign nationals, citing, among other reasons, concerns over child safety as foreign nationals often took children abroad and "sold them to same-sex couples".[19]
On 15 June, the Georgian officials and theGeorgian Orthodox Church condemned the "LGBT propaganda" in theMcDonald's newly-distributedHappy Meals, which featured a book about the life ofElton John, including his gay marriage toDavid Furnish and their children from a surrogate mother. The book said: "[Elton] married to a spouse, David, and created a family with two sons". The Georgian Orthodox Church stated that the book aimed to instill "false values" into the children, while Mamuka Mdinaradze noted that "Getting used to this topic from a young age is harmful for the future generation... There is no need for a child to learn to defend LGBT rights at two, three, seven and ten years old, but this topic penetrates, and it's disgusting".[20] Mayor of TbilisiKakha Kaladze denounced the book by calling it a "propaganda of filth".[21]
On 21 June, Georgian Prime Minister Irakli Garibashvili denounced "extreme [LGBT] propaganda that is taking place in kindergartens and schools", citingFrance where he said the number of youngsters identifying as LGBT increased up to 22%.[22] On 30 June, during his speech to the Parliament of Georgia, the Prime Minister called for a ban on "LGBT propaganda", saying that "we should open the debate in our country" and that "you know what is happening in Europe and, unfortunately, in America as well, there is public information about it, this propaganda has already entered the kindergartens, it is unacceptable".[23] On 2 July, the Georgian Orthodox Church issued a statement, calling for a ban on "LGBT propaganda".[24] Deputy Speaker of ParliamentGia Volski, MPAluda Ghudushauri and others voiced support for the initiative and condemned the "LGBT propaganda directed at children", citing the animated science fantasy filmNimona, calling the "LGBT propaganda" in it "immoral" and "unacceptable".[25][26]
In July 2024, Georgian officials and religious figures condemned the2024 Summer Olympics opening ceremony. Mamuka Mdinaradze stated that the event clearly demonstrated the urgent need for the bill prohibiting the "LGBT propaganda", which the Georgian officials said was a threat to the Georgian identity and traditions. Shalva Kekelia, the leader of the Church of the Transfiguration, said that the Paris Olympics opening ceremony was an "insult and violation of religious feelings", remarking that "Christianity is being caricatured to the end".[27]
The draft law "On Family Values and Protection of Minors" was introduced to the Parliament of Georgia on 4 June 2024 by the rulingGeorgian Dream party. The introduction was announced by the Speaker of ParliamentShalva Papuashvili.[4] On 27 June 2024, theParliament of Georgia passed the proposed bill in the first reading with 78 MPs supporting the package and no votes against it, as MPs opposing the bill chose not to take part in the vote. In the aftermath of the bill passing its first reading, Papuashvili said that parliament had made 'a truly important decision'.[1] The further discussions on the bill were postponed to the parliament's autumn session. The discussion were resumed on 2 September.[28] During the second hearing, the ruling party MP Beka Davituliani emphasized the need to protect LGBT rights while also "protecting children from propaganda".[29] On 4 September, the Parliament of Georgia voted in favor of the law in the second hearing by 81 votes to zero.[30][31] On 17 September, the draft law was passed in the final reading with 84 votes in favour and zero against.[32] The opposing MPs, except those fromGirchi,[5] did not attend the votes as they have been boycotting parliamentary work ever since the adoption ofthe foreign agents law.[33][34]
In parallel, the ruling Georgian Dream party has initiated the separate legislative package of proposed constitutional amendments also called "On Family Values and Protection of Minors" to make corresponding changes in theConstitution of Georgia too. The draftconstitutional law was officially proposed to the Parliament of Georgia on 4 April 2024.[35] After evaluating the bill, First DeputyChairperson of the Parliament of GeorgiaGia Volski claimed that the bill "does not in any way suppress or violate the rights of sexual minorities" and only tries to prevent propaganda that could harm the development of minors as a matter of national security.[36]
On 2 October 2024, PresidentSalome Zourabichvili, despite opposing the bill, neither vetoed it nor signed it into the law. With the bill having enough supporters in parliament to overcome the vote from President, some observers noted that Zourabichvili possibly did not want to give the parliament the opportunity to meet in an extraordinary session and "pass the law triumphantly" prior to the2024 Georgian parliamentary election.[37] After the President returned the bill to the parliament, its chairmanShalva Papuashvili signed the bill into the law on 3 October. Papuashvili emphasized that the law is "based on common sense, historical experience, and centuries-old Christian, Georgian, andEuropean values rather than being shaped by temporary ideologies".[3]
The legislative package consists of the core bill "On Family Values and Protection of Minors" and 18 related amendments to the various laws. The proposed changes include outlawing "alternative marriage unions" other than that of a man and a woman, banning adoption of a minor to people who do not identify "as their gender" or are not heterosexual, prohibiting all surgical operations or medical interventions forgender reassignment, and prohibiting putting any gender "different from his/her own" on any state or identity documents. The changes also include restrictions on promoting information popularizing "a person's belonging to a gender different from his or her gender, same-sex relationship orincest" in the educational institutions, or promoting such information via media, radio or television broadcasting, or advertisements. According to the Chairman of Parliament, this provision would be restricted by "a prohibition on illustrating an intimate relationship between same-sex couples or incest through media". The package would also restrict public gatherings or demonstrations aimed at promotinggender identity, non-heterosexual relationships, or incest, and void any public or private institution of labor obligations "aimed at neglecting biological sex". Finally, the package would also designate May 17th as a holiday for the "sanctity of the family and respect for parents".[4]
Although according to the polls most of the Georgians support theEuropean integration, most Georgians don't share the EU'scultural liberalism.[8] According to the 2021International Social Survey Programme (ISSIP) study, 84% of the Georgian public thinks that sexual relations between two adults of the same sex are always wrong, which is the highest score in Europe.[38] PerWorld Values Survey study published in 2022, 91% of the Georgian public thinks that homosexuality is not justifiable.[9]
The oppositionFor Georgia party expressed its support for "parts" of "LGBT propaganda" legislative package. Namely, the party said that they wanted to vote in favor of the bills dealing with the "protection of kids from propaganda in kindergartens and schools", while opposing provisions related to freedom of assembly (arguing they could be used to prosecute political opponents). They were unable to do so because the ruling Georgian Dream party scheduled the vote on the package as a whole instead of voting on its draft laws separately. The For Georgian party accused the Georgian Dream of "procedural manipulations". The Georgian Dream party, on the other hand, accused the For Georgia party of "supporting LGBT propaganda" and even "censoring" one of its members for supporting the legislative package.[6]
The oppositionStrategy Aghmashenebeli party deputyPaata Manjgaladze called the proposed law "hypocritical", saying that the ruling party had been governing for 12 years and had only become interested in this topic now to attract Orthodox Christian voters, and was using the topic as a distraction from the country's problems.[41]
The leader ofEuropean Georgia partyTamar Chergoleishvili said that the ruling party "created artificial problem" and was portraying itself as a savior. She said that this method is "used by everyauthoritarian".[41]
On 4 September, aEuropean Parliament spokesman issued a statement, condemning the "rushed adoption" of the bill and saying that it would "undermine the fundamental rights of Georgian people and risk further stigmatization and discrimination of part of the population". The statement said that the law would "place further strain onEU-Georgia relations".[42] The Georgian Prime MinisterIrakli Kobakhidze questioned the criticism, saying that the European Union "should not be associated with promoting LGBT propaganda in the eyes of the Georgian people". He said that the legislation did not intend to infringe on human rights but to curb a "crude propaganda". Kobakhidze added that "We hope not to hear such statements from American and European officials in the future".[43] The EU stated stated it was considering stripping Georgians ofvisa free travel to the EU and other agreements following the passage of the bill.[10]
The United States imposedsanctions on certain members of the Georgian parliament following the passage of the bill.[10]
Germany's foreign ministry spokeswoman Kathrin Deschauer condemned the legislation, saying it could harm Georgia's chances of joining the EU and urged the country to withdraw it.[44]
Norway's Minister of Foreign Affairs,Espen Barth Eide, said the legislation "undermines fundamental human rights, democratic values, and Euro-Atlantic aspirations" and urged Georgia to reconsider passing it.[46]
Estonia's Minister of Foreign Affairs,Margus Tsahkna, called the bill "disturbing" and accused Georgia of "trampling upon the rights of some minority groups under the banner of protecting family values."[46]
The embassy of theUnited Kingdom in Georgia said they were "seriously concerned" by the passage of the bill, saying it "impacts the rights of all Georgian citizens" as well as saying it "calls into question the breadth of the UK Georgia relationship" and urged the country to reconsider the legislation.[46]Surprisingly to some in the West, most Georgians do not share their social liberalism despite overwhelmingly pro-EU/NATO views. There is little enthusiasm for LGBT+ parades or gay marriage. As proof, since the bill was announced there has been no major public demonstration and public reaction has been largely muted on social media