Recognition of same-sex unions in Russia

Russia recognizes neither same-sex marriage nor any other form of civil union for same-sex couples. Since 2020, the Russian Constitution explicitly outlaws same-sex marriage.[1] Earlier Russian laws stipulate several provisions which prevent the recognition of legal foreign marriages in Russia and a marriage entered into by two persons of the same sex is not one of them.[2] In the 2021 case Fedotova and Others v. Russia, the European Court of Human Rights ruled that it was a violation of human rights for Russia not to offer any form of legal recognition to same-sex relationships.[3]

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Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
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Notes
  1. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  6. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Residency rights for foreign spouses of legal residents.
  8. Unregistered cohabitation or maitri karar–type contractual relationships, but they are not legally binding.
  9. Some cities and prefectures issue partnership certificates, though not legally formalized.
  10. Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  11. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
  12. Hospital visitation rights through a "legal representative" status
* Not yet in effect
LGBT portal

Position of the Russian Orthodox Church
See also: LGBT history in Russia § Soviet Union

In 2016, Patriarch Kirill of Moscow stated that same-sex marriage is a form of "Soviet totalitarianism". In May 2017, he likened it to Nazism and referred it as threat to family values during a visit to Kyrgyzstan.[4]

Same-sex marriage campaign in Russia
A photo taken during the attempt to register a same sex marriage in Moscow, Russia on May 12, 2009

In April 2009, Nikolay Alexeyev launched a campaign for same sex marriage in Russia. He had previously stated in 2005 and again in 2008 that his LGBT Human Rights Project Gayrussia.ru is ready to help a genuine gay or lesbian couples who want to get its family and marriage rights respected in Russia.[5]

On May 12, 2009, a lesbian couple, Irina Fedotova (Fet) and Irina Shipitko applied for marriage at the Tverskoy Office for the Registration of Civil Acts (ZAGS) in the centre of Moscow. The couple's appeal to the Court said: "The Russian Constitution and family laws do not prohibit same-sex marriages." The lesbian couple declared to The New York Times: "We have love, we have happiness, we want to be together for our whole lives and we want to do this here in Russia."[6][7]

It was done during the upcoming Slavic Pride and also upcoming Eurovision Song Contest 2009, both scheduled on May 16 in Moscow. The 2009 edition of Moscow Pride, renamed as Slavic Pride, took place under the motto "Gay equality - no compromise", postulating the right to adopt children and same-sex marriage.[8] The location of the protest was changed at the last moment to the Vorobyovy Gory viewpoint near Moscow State University, a popular spot for wedding photographs. This location underlined the motto of the protest.[9] The couple received a written denial from Svetlana Potamyshneva, head of the office, who denied to register the marriage stating that “Point 3 of Article 1 of the Family Code of Russia stipulates that the regulation of family relations must adhere to the principle of a voluntary union between a man and a woman”. In June 2009, the couple appealed to the Tverskoy District Court against the written denial they received from the Marriage office. Their claim stated: "The Russian Constitution and family laws do not prohibit same-sex marriages. In addition, family and marriage rights, including those same-sex, are guaranteed with Articles 8 and 12 of the European Human Rights Convention ratified by the Russian Federation". The Court hearing scheduled on August 26, 2009 was postponed to September 9, 2009 and later, October 6, 2009.[10][11][12] The Court upheld the decision of the Tverskoy ZAGS and rejected the arguments of the couple. Nikolay Alexeyev told journalists that the case will be appealed up to Supreme Court and to the European Court of Human Rights. Caroline Mecary, a French lawyer who defended a French gay couple in a similar case at the European Court, said in June 2009 that she will take the case of the Russian couple to Strasbourg. Nikolay Alexeyev, who acted as the lawyer of the lesbian couple, told the journalist that his organization will help the couple to legally register their marriage in Canada in October 2009 and later seek its legal recognition in Russia.[13][14][15]

The couple has announced their intent to marry in Toronto, Canada on 23 October 2009, where same-sex marriage is opened for non-residents and later pursue legal recognition of their union from the Russian government.

The couple entered into same-sex marriage as planned on October 23. The ceremony was celebrated by first Canadian openly gay Judge Harvey Brownstone. Numerous media and local activists were present at the ceremony during which Irina Fedotova-Fet and Irina Shipitko exchanged vows. The newly wed couple received their marriage certificate which they intend to use upon their return to Russia to have their Canadian marriage also recognized in their home country. While the Family Code limits marriage to opposite-sex couples in Russia, there is a loophole in terms of the recognition of foreign marriages, where the basis of gender is not specified. The couple together with their lawyer Nikolay Alexeyev as well as local activists hosted a press conference at the Toronto City Hall before the ceremony during which Canadian gay activists spoke about their struggle for same-sex marriage, stressing the importance of supporting similar movements in other countries, including Russia.[16][17][18][19][20][21][22][23]

On 21 January 2010, the Moscow City Court upheld the decision of the Tverskoy District Court of 6 October 2009.[24][25] In July 2010 Irina Fedotova (Fet) and Irina Shipitko launched their complaint against Russia at the European Court of Human Rights. In 2021, the European Court of Human Rights ruled in Fedotova and Others v. Russia that it was a violation of human rights for Russia not to offer any form of legal recognition to same-sex relationships.[3]

Lack of recognition

The 2020 Russian constitutional referendum officially enshrined exclusively heterosexual marriage in the Russian Constitution.

Polling
Date(s) conducted Support legalizing state sanctioned same-sex marriage Oppose legalizing state sanctioned same-sex marriage Partly agree, partly disagree / Hard to answer / Difficult to answer Margin of error Sample Conducted by Polling type
1 June 2019 – 2 June 20197%87%6%3.6%1,500 respondentsPublic Opinion Foundation
1 July 2015 – 31 July 20155%90%5%3.3%2,471Institute for Comparative Social ResearchPAPI
11 April 2015 – 12 April 2015
4 July 2015 – 5 July 2015		8%80%3.5%1,600 respondentsRussian Public Opinion Research Center
27 March 2015 – 30 March 20157%84%94.1%800 adultsLevada Center
15 January 2013 – 18 January 20135%85%103.4%1,600 adultsLevada Center
July 201210%77%13Levada Center
July 201014%84%4Levada Center
17 May 200514.3%73.4%Levada Center
April 200515%74%12%Levada Center
29 January 2005 – 30 January 200514%59%27%3.4%1,600 adultsAll-Russian Public Opinion Research CenterInterviews

The Institute for Comparative Social Research, which was conducted from 1 July 2015 to 31 July 2015, found that 5% of Russians favor or strongly favor allowing gays and lesbians to marry legally, with 3% among Russians aged 35+ years old, 5% among Orthodox, 8% among religious "nones", and 9% aged 18-34 years old.[26]

See also

References
  1. Fernández Simon, Maite (23 December 2021). "'A woman is a woman, a man is a man': Putin compares gender nonconformity to the coronavirus pandemic". Washington Post. Retrieved 24 December 2021.
  2. "Public opinion poll: Majority of Russians oppose gay marriages and a gay President, but support a ban on sexual orientation discrimination". Archived from the original on 14 June 2007. Retrieved 3 August 2009.
  3. Fedele, Giulio (23 July 2021). "The (Gay) Elephant in the Room: Is there a Positive Obligation to Legally Recognise Same-Sex Unions after Fedotova v. Russia?". EJIL: Talk!. Retrieved 13 August 2021.
  4. Solomon, Feliz (May 30, 2017). "Russia's Highest Religious Authority Just Compared Gay Marriage to Nazi Germany". The Times. Retrieved 31 May 2017.
  5. "European Court of Human Rights Rejects Right to Sham Same-Sex Marriage in Russia". Archived from the original on 26 February 2009. Retrieved 3 August 2009.
  6. Schwirtz, Michael (2009-05-13). "In Moscow, an Attempt to Wed Pushes Gay Rights". The New York Times. Retrieved 3 August 2009.
  7. Galpin, Richard (2009-05-14). "Violence feared over Moscow gay march". BBC News. Retrieved 3 August 2009.
  8. "Russia to Gays: Get Back into the Closet". Archived from the original on 13 March 2020. Retrieved 21 July 2009.
  9. "Police Forcefully Break Up Gay Rights Protest". Archived from the original on 26 May 2009. Retrieved 21 July 2009.
  10. "Russian lesbian couple go to court over right to marry". Pink News. 2009-08-27. Retrieved 2009-10-07.
  11. "Drama in Moscow court over lesbian marriage". ABC News. Associated Press. 2009-08-26. Archived from the original on 2019-12-11. Retrieved 2009-10-07.
  12. "Gay marriage court case sparks kisses and clashes". The Star. Toronto. 2009-08-27. Retrieved 27 August 2009.
  13. "Russia Court Throws Out Lesbian Couple Marriage Request". The New York Times. Retrieved 21 July 2009.
  14. "Russian court blocks same-sex wedding". CBC News. Retrieved 21 July 2009.
  15. "Moscow court finds refusal to register same-sex marriage". Retrieved 21 July 2009.
  16. "Two Russian Women Seek Marriage in Moscow, Ready for External Lawsuit". Retrieved 21 July 2009.
  17. "Russian Lesbian Couple Denied Marriage License". ABC News. Associated Press. 2009-05-12. Archived from the original on 2019-12-11. Retrieved 2009-10-07.
  18. "Lesbians to attempt first gay marriage in Russia". Reuters. May 6, 2009. Retrieved 20 July 2009.
  19. "Russian lesbians denied country's first gay marriage". Reuters. 2009-05-12. Retrieved 20 July 2009.
  20. "Russian Lesbian Couple just married in Toronto. The couple intends to start a legal battle to have their union recognized in Russia". Archived from the original on 2012-02-24. Retrieved 2009-10-25.
  21. "Russian lesbians tie the knot in Toronto". Retrieved 3 August 2009.
  22. Aulakh, Raveena; Balkissoon, Denise. "From Russia, to get married". The Star. Toronto. Retrieved 3 August 2009.
  23. "Russian lesbians travel to Toronto to wed". Retrieved 3 August 2009.
  24. "Moscow court rules refusal to register same-sex marriage legal". Retrieved 21 July 2009.
  25. "Moscow City Court turns down lesbians' complaint". Retrieved 21 July 2009.
  26. Religious Belief and National Belonging in Central and Eastern Europe
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