| Part of theLGBTQ rights series |
Recognized |
Civil unions or registered partnerships but not marriage |
See also
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Notes
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 LGBTQ portal |
Slovakia does not recognisesame-sex marriage orcivil unions. However, there is some limited legal recognition for cohabiting same-sex couples, notably with regard to inheritance rights.[1][2] TheConstitution of Slovakia has limitedmarriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but all have been rejected by theNational Council of Slovakia.
In June 2018, theEuropean Court of Justice ruled that same-sex spouses ofEuropean Union citizens should be granted a right of residency in Slovakia.[3] Slovak authorities announced compliance with the ruling.[4]
Since 2018, Slovak civil and penal law has recognised a new definition of a "close person" (Slovak:blízka osoba), previously limited to a sibling, relative or spouse. A family member or a person in a relationship shall be considered under law as 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."[5] Only limited rights are granted, namely in the area ofinheritance.[1][2]
In 2023, Minister of JusticeViliam Karas introduced a cohabitation bill to theNational Council, which was approved atfirst reading in a 72–21 vote in May.[6] However, later that same month,Jana Dubovcová, who succeeded Karas as minister of justice on 15 May, withdrew the legislative proposal due to criticism from LGBT organizations.[7]
In 2008 and 2009,Iniciatíva Inakosť ("Otherness Initiative"), anLGBT advocacy group, launched a public awareness campaign for the recognition of same-sexregistered partnerships (Slovak:životné partnerstvo,[8]pronounced[ˈʐiʋɔtɲeːˈpartɲerstʋɔ]).[a] Previously, bills to recognise same-sex civil partnerships had been defeated in 1997 and 2000.[10] In January 2008, activists met with Deputy Prime MinisterDušan Čaplovič to discuss proposed partnership legislation.Iniciatíva Inakosť also held a number of public discussions about registered partnerships throughout 2008.[11] During this time, theGreen Party announced its support for registered partnerships for same-sex and opposite-sex couples.[12]
As a member of theCouncil of Europe, Slovakia falls under the jurisdiction of theEuropean Court of Human Rights (ECHR). In January 2023, theGrand Chamber of the European Court of Human Rights ruled inFedotova and Others v. Russia thatArticle 8 of theEuropean Convention on Human Rights, which guarantees a right to private and family life, imposes apositive obligation on all member states of the Council of Europe to establish a legal framework recognising same-sex partnerships.[13] The ECHR has also issued similar rulings with respect toRomania inBuhuceanu and Others,Ukraine inMaymulakhin and Markiv,Bulgaria inKoilova and Babulkova,[14] andPoland inPrzybyszewska and Others.
In March 2012, theFreedom and Solidarity (SaS) party announced that it would submit a draft law on registered partnerships.[15] The partnership bill was submitted to the National Council on August 23. It would have granted same-sex couples similar rights and obligations as married couples, includingalimony, inheritance, access to medical documentation and the right to awidow's and widower's pension, but excludingadoption rights.[16][17] On September 19, the rulingDirection – Social Democracy (Smer) party announced that it would vote against the bill,[18] which was later rejected by a 14–94 vote in November 2012.[19] In August 2017, Deputy Speaker of the National CouncilLucia Ďuriš Nicholsonová promised to re-submit draft legislation on registered partnerships to Parliament.[20] On 11 December 2017, following a meeting withIniciatíva Inakosť representatives, PresidentAndrej Kiska called for a public debate on the rights of same-sex couples.[21] That same day, SaS reiterated its intention to introduce a registered partnership bill.[22] SaS introduced its 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 areas of inheritance andhealthcare.[23] The bill was defeated in September 2018, with only 31 out of 150 lawmakers in support.[24]
In 2021, theProgressive Slovakia party introduced a life partnership bill, but it was rejected in a 7–67 vote in October 2021.[25] MPTomáš Valášek reintroduced a life partnership bill in 2022,[26] but it was once again rejected in a 31–53 vote in October 2022.[27][28] In August 2022, SaS introduced a cohabitation agreement bill to the National Council which would have granted couples various rights, including co-ownership, inheritance, access to health documentation, the right to a widow's and widower's pension and the right to nursing allowance.[29][30] A vote on the legislation took place only a few days after aterrorist attack on a gay bar inBratislava in October 2022, but it failed to gather the sufficient number of votes. The bill was supported by 50 MPs with 37 opposed, but failed as it required 76 votes to pass. PresidentZuzana Čaputová criticized the bill's defeat, saying, "We need to act. Our society is not threatened by the love of two people of the same sex or their partnership."[31] TheCatholic Church opposed the legislation, and was widely criticized by civil society after ArchbishopJán Orosch said that the two victims of the terrorist attack were "steeped in immoral behaviour" and "should not have been referred to as innocent".[32]
In 2023, registered partnerships were opposed by most Slovak political parties represented in the National Council, includingFor the People, theChristian Union,People's Party Our Slovakia,Ordinary People and Independent Personalities, Direction – Social Democracy, andWe Are Family.[33][34][35] Progressive Slovakia, Freedom and Solidarity,Voice – Social Democracy,[36] and some Smer members were in favour.[37] Another partnership bill was introduced to Parliament by SaS in April 2023,[38] but failed to pass before theSeptember 2023 parliamentary election.
In May 2023, a group of lawmakers filed a lawsuit with theConstitutional Court of Slovakia arguing that Parliament's failure to pass legislation recognizing same-sex couples is contrary to the Constitution as well as Slovakia's international obligations.[39]
In January 2014, theChristian Democratic Movement (KDH) announced that it would submit a draft law to prohibitsame-sex marriage in theSlovak Constitution.[40] In February 2014, Minister of CultureMarek Maďarič said that enough Smer MPs supported the constitutional ban for it to pass.[41] Shortly thereafter, 40 MPs introduced a draft amendment to the National Council seeking to enshrine the ban in the Slovak Constitution.[42] Prime MinisterRobert Fico indicated that the governing Smer party would back the proposal in exchange for the opposition's support on a separate amendment concerning changes to the judicial system.[43] The bill passed its first reading in a 103–5 vote in March 2014.[44] The amendment would cause any future laws recognising same-sex marriage to be unconstitutional.[45][46] The bill was passed with 102 MPs voting for and 18 against in June 2014, and it was signed by PresidentIvan Gašparovič.[47] Article 41(1) now reads as follows:[48][49]
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.[b]
In December 2013, a conservative civil initiative group, the Alliance for the Family (Aliancia za rodinu), announced that it would push for a constitutional definition of marriage as "a union solely between a woman and a man".[53] The group intended to initiatereferendums on several issues, and called for a ban onsame-sex adoption and the prohibition ofsex education in schools. They also suggested that other types ofcohabitation should not be held equal to marriage between a man and a woman.[54][55] The group also criticised Swedish companyIKEA for its corporate magazine which featured two lesbians raising a son.[56] By August 2014, the group had collected more than 400,000 signatures for a petition to hold a referendum on four questions.[c] PresidentAndrej Kiska asked theConstitutional Court to consider the proposed questions.[58] In October 2014, the Constitutional Court ruled that the third question, which pertained to the recognition of cohabitation outside of marriage, was unconstitutional.[59] Areferendum on the three other 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.[60] Opponents, including human rights activists, had advised voters toboycott the referendum.
The Progressive Slovakia party supports same-sex marriage. Ahead of the2023 election, party leaderMichal Šimečka said the party is "a strong backer of a human rights agenda including same-sex marriage".[61]
On 5 June 2018, theEuropean Court of Justice ruled in favour of a Romanian-American same-sex couple seeking recognition of their marriage inRomania, so that the American partner could reside in the country.[62] The court held inComan and Others v General Inspectorate for Immigration and Ministry of the Interior thatEuropean Union (EU) member states must uphold thefreedom of movement andresidency rights of same-sex spouses, provided that one partner is an EU citizen.[63][64][65] While EU member states may choose whether to legalise same-sex marriage, they cannot restrict the right of residence for EU citizens and their spouses. The ECJ also clarified that the term "spouse" isgender-neutral and does not necessarily refer to someone of the opposite sex.[62][4] TheMinistry of the Interior, led byDenisa Saková, announced immediate compliance with the ruling.[66] The decision was welcomed by theInternational Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and other human rights groups, but condemned by the Slovak Catholic Church.[67][68]
In 2022, the Žilina Regional Court ruled that immigration authorities' refusal to recognize the marriage of a Slovak national, Jakub Šanko de Ruiz, and his Argentine partner, Mariano Ruiz de Šanko, for the purposes of granting permanent residency to Ruiz de Šanko was unconstitutional. The court found that the refusal constituted unjustifieddiscrimination based onsexual orientation, violated the right to private and family life and prevented a Slovak citizen from returning to his home country.[69][70]
TheCatholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including theblessing of same-sex couples.[71] TheConference of Slovak Bishops issued a statement on 21 December calling the declaration "a gesture of the Church's attention to every person", adding that "[t]he bishops will familiarize themselves with the document and, if necessary, will look for suitable forms in the context of the local Church".[72]
Other smallerChristian denominations, such as theEvangelical Church of the Augsburg Confession and theReformed Christian Church, likewise do not perform same-sex marriages. However, "some of [their] clergy strive for a more inclusive approach", with ongoing discussions for pastoral care for LGBT individuals and their families in the Evangelical Church.[73]
Public opinion has shifted in Slovakia in the past few years, becoming more favourable to granting rights to same-sex couples. A 2008 poll commissioned byIniciatíva Inakosť showed that 42% ofSlovaks supported same-sex registered partnerships, while 45% were opposed. In addition, 47% supported "mutual maintenance duty among partners", 41% supported tax benefits, 45% supported spousal pensions for a deceased partner, 64% supported access to information about the medical condition of a partner, 54% supported the right to a day-off if the partner requires accompaniment to the doctor, 69% supported the right to bereavement leave, 58% supported the right to mutual inheritance, 55% supported the possibility to establish undivided co-ownership, and 58% supported the right to nursing benefits during care for a sick partner. According to a similar poll conducted in 2009, 45% of respondents supported same-sex registered partnerships, while 41% were opposed, and 14% were unsure.[74] Support for specific rights was higher, with 56% supporting the right of same-sex couples to jointly own property, 72% supporting access to medical information about the partner and 71% supporting the right to bereavement leave.[11]
A 2012 commissioned byIniciatíva Inakosť showed that 47% of Slovaks supported registered partnerships, while 38% were opposed. Support for specific rights had also increased in comparison to 2009, with 57% supporting the right of same-sex couples to jointly own property, 75% supported access to medical information about the partner and 73% supporting the right to bereavement leave.[75]
The 2015Eurobarometer found that 24% of Slovaks supported same-sex marriage, while 69% were opposed. EU-wide support was 61%.[76] At the same time, a poll conducted by FOCUS (Centrum pre sociálnu a marketingovú analýzu) the same year showed that 50% of Slovaks supported registered partnerships, while 35% were opposed.[77] A poll conducted in 2016 by the same polling organization showed that 40% of respondents supported partnrships, while 55% were opposed. The poll also showed that 27% of Slovaks were in favour of same-sex marriage and 20% were in favour of adoption by same-sex couples.[78]
According to a 2017Pew Research Center poll, 47% of Slovaks supported same-sex marriage, while 47% opposed and 6% undecided. Among 18–34-year-olds, opposition to same-sex marriage was 42%.[79] The May 2019 Eurobarometer showed that 20% of Slovaks thought same-sex marriage should be allowed throughout Europe, while 70% were opposed. This was second lowest level of support in the European Union afterBulgaria, and significantly lower than the EU average of 69%.[80] A 2019 survey conducted by the AKO polling agency found that 57% of Slovaks were in favour of same-sex registered partnerships.[81] However, a FOCUS poll conducted the same year showed that only 30% of respondents supported registered partnerships, while 68% were opposed. 14.5% of respondents supported adoption by same-sex couples, while 83% were against.[82]
According to a 2022Ipsos poll, 49% of Slovaks were in favour of same-sex civil partnerships and 39% were opposed. In addition, 32% supported same-sex marriage with 55% opposed, and 29% supported adoption by same-sex partners with 58% against.[83] The 2023 Eurobarometer found that 37% of respondents thought same-sex marriage should be allowed throughout Europe, while 56% were opposed. The survey also found that 47% of Slovaks thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 48% disagreed.[84]
| Same-sex marriage prohibited by nationalconstitution | |
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| Same-sex marriage andcivil unions prohibited by constitution | |
