The new association law will soon be in the Seimas: the legalization of same-sex relationships is also foreseen

However, it seems that it can be difficult to find a consensus between the aspirations of the Freedom Party and the rather conservative approach of some representatives of the TS-LKD towards the family.

Remigijus Žemaitaitis, representative of a mixed group of members of the Seimas, assured that the coalition will not collapse due to the separation of opinions on the association. But, at the same time, he predicted that the adoption of this legislation in parliament will not be very easy.

Meanwhile, the initiator of the bill, a member of the Freedom Faction, the chairman of the Seimas Human Rights Committee, Tomas Vytautas Raskevičius, assured that the goal was to do everything possible to register the bill in the Seimas. during the spring session.

“There is a hint in the public sphere that the Freedom Party has promised to register within a hundred days, so will it be able to do so before February 21? I can reveal that we really will not succeed, but that failure will not be caused by the fact that we do nothing, but instead want to find a variant that is as acceptable as possible to everyone, ”commented T. Raskevičius on the status of the bill.

He explained the main obstacles.

When asked why the discussion on the Association Law, which provides for the legalization of same-sex relationships, is stalled, T. Raskevičius admitted that there are people among the members of the Seimas who have various provisions on this issue. However, according to him, two aspects are the most debated so far.

“The scope of the rights and obligations granted by the collaboration institute. And the form of regulation of the association itself, where and through what legal act we regulate it ”, said the representative of the Freedom Party.

According to him, when negotiating and negotiating this bill, there is indeed the threat of participating in wars of values, but the goal is to avoid it.

It focuses on two objectives

The chairman of the Seimas Human Rights Committee pointed out that the proposed bill should not be understood in a strict sense: this law focuses not only on the well-being of persons of one sex, but also on the well-being of individuals. of different sexes living outside of marriage.

“The institute of associations aims to create an additional legal mechanism that allows people living together in Lithuania to legalize their relationships outside of marriage. This need is dictated by various circumstances.

In particular, the Constitutional Court in both 2011 and 2019 has clarified that families are created not only on the basis of marriage. There are several families in Lithuania and it is necessary to give them the possibility of legal recognition. At this point, we are talking not only about gay couples, but also about couples of different genders.

According to statistical data, almost a quarter of newborns in Lithuania are born out of wedlock. This means that many people live extramarital lives and it is very important to create legal preconditions of certainty and clarity, so that people living in families created on the basis of non-marriage are safe, ”explained T. Raskevičius.

Another circumstance, according to the parliamentarian, is related to the situation of homosexual people in Lithuania.

“It must be recognized that Lithuania is one of the six countries of the European Union, where family relationships of people of the same sex are not regulated in any way. We understand that the institute of marriage is currently reserved exclusively for the union of men and women Therefore, we propose to create an alternative institute of association that guarantees respect for the dignified life of same-sex families in Lithuania.

We seek to empower people who lead family life but for one reason or another cannot or do not want to marry so that they have an alternative mechanism to protect and regulate their mutual rights and responsibilities. Same-sex couples cannot marry, because the Constitution does not allow it, some couples of different sexes do not marry simply for one reason or another, ”explained the deputy of Seimas.

V. Aleknaitė Abramikienė: the bill must not deny the natural importance of the family for the nation and society

Conservative representative Vilija Aleknaitė Abramikienė assured that the parliamentarians have not yet seen the text of the project. In any case, he said, this is a bill that will require a lot of discussion.

“I will support the compromise proposal. I think it is good, it is an agreement on coexistence. I do not see it as an alternative, but as a compromise in this situation, since such a project would not deny the uniqueness and importance of the natural family. On the other hand, it would allow people to freely choose their way of life, ”said the parliamentarian.

He stressed that it imposed a certain requirement on the proposed law: a coexistence agreement should not be equated with the family status enshrined in the Constitution. According to V. Aleknaitė Abramikienė, such a project would not cause great passions and disagreements in society.

“The compromise option, a coexistence agreement, does not define at all who can agree. Both a group of monks living in the same monastery as people of the same sex and people of different genders can agree. Only this project It would be based on the principle of freedom of contract: the will expressed by an adult and intelligent person and has no restrictions. However, it should not be equated with the status granted by the Constitution of the Republic of Lithuania to the natural family. I consider it a commitment, because it would not arouse so much passion in society and it would not deny the natural importance of the family for the nation and society ”, assured the representative of TS-LKD.

R. Žemaitaitis: coalition partners – hostages of the situation

R. Žemaitaitis, a member of the mixed group of members of the Seimas, assured that the coalition partners are hostages of the situation and have no choice but to agree on the association bill.

“They have no other option because there is a hostage situation. They will have to vote. It is certainly possible that conservatives who do not agree with the association’s legitimacy should leave the House and a dozen conservatives will not participate in the vote. This is not a constitutional law that requires 71 votes from the members of the Seimas, half of the majority present. I think the conservatives will really remove the opposition from the room, because otherwise the coalition will collapse. But TS-LKD did not come to power to destroy the coalition ”, predicted the parliamentarian.

However, he said, the current wording proposed by the Freedom Party is unconstitutional and could not be considered.

“It seems that the Freedom Party does not realize that it has entered the Seimas and that what it simply wants must come from legal acts.

The law on partnerships should be passed because it is not logical for young couples to live together, run a joint farm but cannot get credit, cannot guarantee each other, and cannot even get information and data in the event of an accident under the law of personal data protection. .

There must be a same-sex couple. They have a common farm, take loans, pay public utility bills, but there should be a restriction on the possibility of adopting children and that should not be equated with the concept of family, since this would be in conflict with the Constitution ”, R Žemaitaitis presented his position.

Facilitate the conditions for non-legalized associations?

Speaking of the advantages of the projected law, T. Raskevičius emphasized that, from the legal point of view, there is a difference between a registered law and a registered one. de facto associations. A registered company is when people make a decision and register a company with the civil registry office or otherwise provided by law. There and de facto an association that, as the parliamentarian explains, exists when people live together for some time.

“When we propose a partnership institute in the spring, we will do so and I hope coalition partners will support a focus on registered partnerships. This means that the full range of rights and responsibilities comes into play when people make an informed decision and they record that association.

On the other hand, enabling a partnership will allow the courts, if, for example, people live together, do not record anything, but then divorce and have claims against each other, for example, for the division of property, the courts will be able to trust such issues. de facto association institute. Just the difference between de facto and the registered companies would be such that the real companies against other third parties could not be used and the registration would be valid everywhere, ”he explained.