Recognition of same-sex unions in Slovakia

Since 2018, Slovak civil and penal law has recognised a "close person" (Slovak: blízka osoba), defined as a sibling or a 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." Only limited rights are granted, namely in the area of inheritance.[1][2]

In August 2022, the Freedom and Solidarity (SaS) party introduced a cohabitation agreement bill to the National Council, which would grant 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.[5][6]

Laws regarding same-sex partnerships in Europe¹

  Marriage

  Civil union

  Limited domestic recognition (cohabitation)

  Limited foreign recognition (residency rights)

  Unrecognized

  Constitution limits marriage to opposite-sex couples

¹ May include recent laws or court decisions that have not yet entered into effect.

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In 2008 and 2009, Iniciatíva Inakosť ("Otherness Initiative"), an LGBT advocacy group, launched a public awareness campaign for the recognition of registered life partnerships (Slovak: životné partnerstvo, pronounced [ˈʐiʋɔtneː ˈpartnerstʋɔ])[lower-alpha 1] between same-sex couples. Previously, bills to recognise same-sex civil partnerships had been defeated in 1997 and 2000.[7] In January 2008, activists met with Deputy Prime Minister Dušan Čaplovič to discuss proposed partnership legislation. Iniciatíva Inakosť also held a number of public discussions about registered partnerships throughout 2008.[8] During this time, the Green Party announced its support for registered partnerships for same-sex and opposite-sex couples.[9]

In March 2012, the liberal Freedom and Solidarity (SaS) party announced that it would submit a draft law on registered partnerships.[10] On August 23, the registered partnership bill was submitted to the National Council. It would have given same-sex couples similar rights and obligations as married couples, including alimony, inheritance, access to medical documentation and the right to a widow's and widower's pension, but excluding adoption rights.[11][12] On September 19, the ruling Direction – Social Democracy (Smer) party announced that it would vote against the bill,[13] which was later rejected by a 14–94 vote in November 2012.[14]

In August 2017, Deputy Speaker of the National Council Lucia Ďuriš Nicholsonová promised to re-submit draft legislation on registered partnerships to Parliament.[15] On 11 December 2017, following a meeting with Iniciatíva Inakosť representatives, President Andrej Kiska called for a public debate on the rights of same-sex couples.[16] On the same day, SaS reiterated its intention to introduce a registered partnership bill.[17] 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 and healthcare.[18] The bill was defeated in September 2018, with only 31 out of 150 lawmakers in support.[19]

In 2021, the Progressive Slovakia party introduced a life partnership bill, but it was rejected in a 7–67 vote in October 2021.[20] MP Tomáš Valášek reintroduced a life partnership bill in 2022.[21] A vote on the legislation took place only a few days after a terrorist attack on a gay bar in Bratislava, 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. President Zuzana 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."[22] The Catholic Church opposed the legislation, and was widely criticized by civil society after Archbishop Ján Orosch said that the two victims of the terrorist attack were "steeped in immoral behaviour" and "should not have been referred to as innocent".[23] As of 2023, registered partnerships were opposed by most Slovak political parties represented in the National Council, including For the People, the Christian Union, People's Party Our Slovakia, Ordinary People and Independent Personalities, Direction – Social Democracy, and We Are Family.[24][25][26] Progressive Slovakia, Freedom and Solidarity, Voice – Social Democracy,[27] and some members of Smer are in favour.[28] Another partnership bill was introduced to Parliament by SaS in April 2023.[29]

Slovakia is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex couples.[30]

In January 2014, the Christian Democratic Movement (KDH) announced that it would submit a draft law to prohibit same-sex marriage in the Slovak Constitution.[31] In February 2014, Minister of Culture Marek Maďarič said there were enough Smer MPs in favour of the constitutional ban for it to pass.[32] 40 MPs subsequently introduced a draft law to the National Council to ban same-sex marriage in the Slovak Constitution.[33] Prime Minister Robert Fico said that the governing Smer party would be willing to support the amendment in exchange for the opposition's support for an amendment introducing changes to the judicial system.[34] The bill passed its first reading in a 103–5 vote in March 2014.[35] The amendment would cause any future laws recognising same-sex marriage to be unconstitutional.[36][37] The bill was passed with 102 MPs voting for and 18 against in June 2014. President Ivan Gašparovič signed it into law.[38] Article 41 now reads as follows:[39][40]

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.[lower-alpha 2]

A 2022 ruling by the Žilina Regional Court found that immigration authorities' refusal to recognize the marriage of a Slovak national to his Argentine partner for the purposes of granting permanent residency was unconstitutional. The court found that the refusal was unjustified discrimination based on sexual orientation, as well as a violation of the right to private and family life and preventing a Slovak citizen from returning to his home country.[41]

The Progressive Slovakia party supports same-sex marriage. Ahead of the 2023 election, party leader Michal Šimečka said the party is "a strong backer of a human rights agenda including same-sex marriage".[42]

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 by Iniciatíva Inakosť showed that 42% of Slovaks 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.[58] 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.[8]

A 2012 commissioned by Iniciatíva 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.[59]

The 2015 Eurobarometer found that 24% of Slovaks supported same-sex marriage, while 69% were opposed. EU-wide support was 61%.[60] 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.[61] 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.[62]

According to a 2017 Pew 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%.[63] 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 after Bulgaria, and significantly lower than the EU average of 69%.[64] A 2019 survey conducted by the AKO polling agency found that 57% of Slovaks were in favour of same-sex registered partnerships.[65] 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.[66]

According to a 2022 Ipsos 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.[67]

• LGBT rights in Slovakia
• Recognition of same-sex unions in Europe