Same-sex marriage in Romania
Encyclopedia
Romania does not recognise same-sex unions, either in the form of same-sex marriage or civil unions.
said during his electoral campaign of late 2004 that he sees nothing wrong with same sex marriage. The opposition Social Democratic Party
later used his comments against him during the presidential campaign.
rights in Romania, ACCEPT
, has advocated for partnership rights for same sex couples as well as for same-sex marriage in Romania. The organisation launched a campaign to legalise same-sex unions in Romania during the Bucharest GayFest
2006, which lasted from 30 May to 4 June, and was organised under the theme of "Same-sex marriage and civil unions in Romania". This event provoked widespread debate over the issue in the media. LGBT activists from ACCEPT organised a public debate and seminar on same-sex unions on 31 May, and called on the government to provide marriage or at least registered partnership for same-sex couples, offering its assistance in forming a legislative proposal. So far, the government has not responded.
Romaniţa Iordache, the president of ACCEPT, stated on 31 May that "Article 200 [the last anti-gay law] has been abrogated, but we [the LGBT community] still do not have equal rights, even though the Constitution guarantees this." The spokesman of ACCEPT, Florin Buhuceanu, claimed that, "Guaranteeing the equality of rights through the recognition of gay marriage... is just a step forward."
Romania's first religious same-sex marriage ceremony took place on 5 June 2006, following the Bucharest GayFest
, when Florin Buhuceanu, the executive director of ACCEPT
, married his Spanish partner of four years. The symbolic marriage, which has no legal status in Romania, was blessed by the Metropolitan Community Church
in Bucharest
, an international denomination which recognises same-sex unions and supports LGBT rights. The couple married officially later in 2006, in a civil marriage in Spain, where same-sex marriage is legal.
, to explicitly define marriage as being only between a man and a woman. Previously, the law had only used the words "between spouses". The amendment was approved with 38 votes for, 10 votes against and 19 senators abstaining. It was not voted on in the Chamber of Deputies, and as new elections
took place at the end of that year, the legislation died.
In May 2009, a new Civil Code was proposed by the government. The Parliamentary Subcommittee responsible for the Civil Code decided to amend the definition of marriage, mentioning explicitly that it must be "between a man and a woman". Furthermore, an amendment was passed stating that the Romanian state would not recognise foreign same-sex marriages. The government will assume responsibility over the law, thus bypassing the parliament.
, proposed the legalisation of registered partnerships which would allow unmarried same-sex and opposite-sex couples a number of rights. He said that the current Family Code was "adopted more than fifty years ago and no longer reflects social realities, both in the case of homosexuals and heterosexuals". This marks the first time that a Romanian politician has explicitly supported civil partnerships for same-sex couples.
On 23 July 2008, Péter Eckstein-Kovács
introduced a civil partnership bill in the Senate. However, the bill died in the Senate following the 2008 Romanian legislative election
.
A civil partnerships bill was introduced by the Democratic Liberal
Deputy Viorel Arion in February 2011. It would provide same-sex and opposite-sex couples with some of the rights of marriage. It received a favourable recommendation from the Legislative Committee of the Chamber of Deputies. However, the bill was opposed by the Government, which stated that the Civil Code only recognises one form of relationship in Romania (marriage between a man and a woman).
On 6 June, the Cotidianul
newspaper conducted interviews with representatives of the five main political parties, asking them about their stance on same-sex marriage.
Crin Antonescu, the leader of the parliamentary delegation of the National Liberal Party
, part of the governing alliance, declined to give an official party view on the matter. Instead, he said that, "Both the party and myself have given proof that we are in favour of recognising sexual minorities. However, personally I am against marriage between people of the same sex."
The leader of the Democratic Party, the other large governing coalition member, was similarly elusive, stating that: "Now is not the right moment to talk about this issue [same-sex marriage]. We now have other much more important things to do regarding European integration. Let's integrate firstly, and then we can see the way in which mentalities change. Eventually, we will discuss this issue then." Romania's EU accession took place in January 2007.
Liviu Negoiţă
, the Democrat mayor of Bucharest's Sector 3, stated that, "if a law will exist [legalising same-sex marriage], I will respect it. As a mayor, I don't have any other choice. Personally, I respect the sexual choice of each person."
The largest opposition party, the Social Democrats
, whose stance on social issues is usually more conservative than that of the governing parties, stated that they would "not initiate and would not support such a legislative proposal". However, the party's official spokesperson also proclaimed that, "A public debate [on same-sex marriage] is necessary, in order to see in what way the standards regarding fundamental liberties can be improved in regard to people with another sexual orientation."
Opposition was seen most clearly from the far-right, nationalist Greater Romania Party
. The vice-president of the party stated that, "Clearly, we wouldn't initiate such a legislative proposal, since we're a Christian party. The sin of sodomy is one of the biggest [sins]."
The Conservative Party
was less vocal in its opposition to same-sex marriage, with Octavian Petrovici, the vice-president of the party's Bucharest division, stating about same-sex couples that "it's their own choice, and in the same way that we respect the option of every citizen, we respect the choice of these people. However, it is a long way from respecting a choice to making special laws, which do not match the values and principles that our party affirms."
On 27 November 2006, the women's organisation of the Conservative Party
adopted a resolution opposing same-sex marriage and same-sex adoption
. The resolution declared that, "The family has as its primary aim our continuity and we will continue to support its development, particularly since we will be confronted in the future with an accentuated process of aging and a significant reduction in the population. We reject categorically the legalisation of same-sex marriage."
On 10 June 2007, after the annual Bucharest GayFest
, the Conservative Party reiterated its position on same-sex marriage, stating, "The sexual options of each citizen are accepted and respected in Romania, but from here until the adoption of special laws for sexual minorities is too long a way. We support the definition of marriage as a union between one man and one woman."
2004 election campaign
Romanian President Traian BăsescuTraian Basescu
Traian Băsescu is the current President of Romania. After serving as the mayor of Bucharest from June 2000 until December 2004, he was elected president in the Romanian Presidential Elections of 2004 and inaugurated on December 20, 2004...
said during his electoral campaign of late 2004 that he sees nothing wrong with same sex marriage. The opposition Social Democratic Party
Social Democratic Party (Romania)
The Social Democratic Party is the major social-democratic political party in Romania. It was formed in 1992, after the post-communist National Salvation Front broke apart. It adopted its present name after a merger with a minor social-democratic party in 2001. Since its formation, it has always...
later used his comments against him during the presidential campaign.
Political activism
The primary LGBTLGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
rights in Romania, ACCEPT
ACCEPT
ACCEPT is the primary nongovernmental organization advocating for the rights of gay, lesbian, bisexual, and transgender people in Romania. It is based in Bucharest and also acts as the Romanian representative at ILGA-Europe...
, has advocated for partnership rights for same sex couples as well as for same-sex marriage in Romania. The organisation launched a campaign to legalise same-sex unions in Romania during the Bucharest GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...
2006, which lasted from 30 May to 4 June, and was organised under the theme of "Same-sex marriage and civil unions in Romania". This event provoked widespread debate over the issue in the media. LGBT activists from ACCEPT organised a public debate and seminar on same-sex unions on 31 May, and called on the government to provide marriage or at least registered partnership for same-sex couples, offering its assistance in forming a legislative proposal. So far, the government has not responded.
Romaniţa Iordache, the president of ACCEPT, stated on 31 May that "Article 200 [the last anti-gay law] has been abrogated, but we [the LGBT community] still do not have equal rights, even though the Constitution guarantees this." The spokesman of ACCEPT, Florin Buhuceanu, claimed that, "Guaranteeing the equality of rights through the recognition of gay marriage... is just a step forward."
Romania's first religious same-sex marriage ceremony took place on 5 June 2006, following the Bucharest GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...
, when Florin Buhuceanu, the executive director of ACCEPT
ACCEPT
ACCEPT is the primary nongovernmental organization advocating for the rights of gay, lesbian, bisexual, and transgender people in Romania. It is based in Bucharest and also acts as the Romanian representative at ILGA-Europe...
, married his Spanish partner of four years. The symbolic marriage, which has no legal status in Romania, was blessed by the Metropolitan Community Church
Metropolitan Community Church
The Metropolitan Community Church or The Universal Fellowship of Metropolitan Community Churches is an international Protestant Christian denomination...
in Bucharest
Bucharest
Bucharest is the capital municipality, cultural, industrial, and financial centre of Romania. It is the largest city in Romania, located in the southeast of the country, at , and lies on the banks of the Dâmbovița River....
, an international denomination which recognises same-sex unions and supports LGBT rights. The couple married officially later in 2006, in a civil marriage in Spain, where same-sex marriage is legal.
Statutory same-sex marriage ban
On 13 February 2008, the Senate of Romania voted an amendment to the Civil Code, proposed by Greater Romania PartyGreater Romania Party
The Greater Romania Party is a Romanian radical right-wing, ultra-nationalist political party, led by Corneliu Vadim Tudor. The party is sometimes referred to in English as the Great Romania Party....
, to explicitly define marriage as being only between a man and a woman. Previously, the law had only used the words "between spouses". The amendment was approved with 38 votes for, 10 votes against and 19 senators abstaining. It was not voted on in the Chamber of Deputies, and as new elections
Romanian legislative election, 2008
Legislative elections were held in Romania on November 30, 2008. The Democratic Liberal Party won most seats in both the Chamber of Deputies and the Senate, although the alliance headed by the Social Democratic Party won a fractionally higher vote share.-Electoral System:President Traian Băsescu...
took place at the end of that year, the legislation died.
In May 2009, a new Civil Code was proposed by the government. The Parliamentary Subcommittee responsible for the Civil Code decided to amend the definition of marriage, mentioning explicitly that it must be "between a man and a woman". Furthermore, an amendment was passed stating that the Romanian state would not recognise foreign same-sex marriages. The government will assume responsibility over the law, thus bypassing the parliament.
Civil partnerships law project
On 23 February 2008, Péter Eckstein-Kovács, a parliamentarian from the Democratic Union of Hungarians in RomaniaDemocratic Union of Hungarians in Romania
The Democratic Union of Hungarians in Romania, is the main political organisation representing the ethnic Hungarians of Romania....
, proposed the legalisation of registered partnerships which would allow unmarried same-sex and opposite-sex couples a number of rights. He said that the current Family Code was "adopted more than fifty years ago and no longer reflects social realities, both in the case of homosexuals and heterosexuals". This marks the first time that a Romanian politician has explicitly supported civil partnerships for same-sex couples.
On 23 July 2008, Péter Eckstein-Kovács
Péter Eckstein-Kovács
Péter Eckstein-Kovács is a Romanian lawyer and politician. A member of the Democratic Union of Hungarians in Romania , he was a member of the Romanian Chamber of Deputies for Cluj County from 1990 to 1992 and a member of the Cluj-Napoca city council from 1992 to 1996...
introduced a civil partnership bill in the Senate. However, the bill died in the Senate following the 2008 Romanian legislative election
Romanian legislative election, 2008
Legislative elections were held in Romania on November 30, 2008. The Democratic Liberal Party won most seats in both the Chamber of Deputies and the Senate, although the alliance headed by the Social Democratic Party won a fractionally higher vote share.-Electoral System:President Traian Băsescu...
.
A civil partnerships bill was introduced by the Democratic Liberal
Democratic Liberal Party (Romania)
The Democratic Liberal Party is a populist, centre-right party in Romania. It was formed on 15 December 2007, when the Democratic Party merged with the Liberal Democratic Party. From 2004 to 2007, the Democratic Party was part of the governing Justice and Truth Alliance...
Deputy Viorel Arion in February 2011. It would provide same-sex and opposite-sex couples with some of the rights of marriage. It received a favourable recommendation from the Legislative Committee of the Chamber of Deputies. However, the bill was opposed by the Government, which stated that the Civil Code only recognises one form of relationship in Romania (marriage between a man and a woman).
Political party viewpoints
None of Romania's major political parties, either in government or in opposition, explicitly supports same-sex marriage or registered partnerships, or has proposed any law regarding it, resulting in the debate about this issue in the political sphere being more reserved than in civil society and the media.On 6 June, the Cotidianul
Cotidianul
thumb|right|Old logo of Cotidianul newspaper, used in the [[inter-war period]], and in the early 1990sthumb|right|The logo used between 2003 and 2007...
newspaper conducted interviews with representatives of the five main political parties, asking them about their stance on same-sex marriage.
Crin Antonescu, the leader of the parliamentary delegation of the National Liberal Party
National Liberal Party (Romania)
The National Liberal Party , abbreviated to PNL, is a centre-right liberal party in Romania. It is the third-largest party in the Romanian Parliament, with 53 seats in the Chamber of Deputies and 22 in the Senate: behind the centre-right Democratic Liberal Party and the centre-left Social...
, part of the governing alliance, declined to give an official party view on the matter. Instead, he said that, "Both the party and myself have given proof that we are in favour of recognising sexual minorities. However, personally I am against marriage between people of the same sex."
The leader of the Democratic Party, the other large governing coalition member, was similarly elusive, stating that: "Now is not the right moment to talk about this issue [same-sex marriage]. We now have other much more important things to do regarding European integration. Let's integrate firstly, and then we can see the way in which mentalities change. Eventually, we will discuss this issue then." Romania's EU accession took place in January 2007.
Liviu Negoiţă
Liviu Negoita
Liviu Gheorghe "Livache" Negoiţă is a Romanian politician and lawyer, member of the Democratic Liberal Party and the mayor of Bucharest's Sector 3 since 2004.-Biography:...
, the Democrat mayor of Bucharest's Sector 3, stated that, "if a law will exist [legalising same-sex marriage], I will respect it. As a mayor, I don't have any other choice. Personally, I respect the sexual choice of each person."
The largest opposition party, the Social Democrats
Social Democratic Party (Romania)
The Social Democratic Party is the major social-democratic political party in Romania. It was formed in 1992, after the post-communist National Salvation Front broke apart. It adopted its present name after a merger with a minor social-democratic party in 2001. Since its formation, it has always...
, whose stance on social issues is usually more conservative than that of the governing parties, stated that they would "not initiate and would not support such a legislative proposal". However, the party's official spokesperson also proclaimed that, "A public debate [on same-sex marriage] is necessary, in order to see in what way the standards regarding fundamental liberties can be improved in regard to people with another sexual orientation."
Opposition was seen most clearly from the far-right, nationalist Greater Romania Party
Greater Romania Party
The Greater Romania Party is a Romanian radical right-wing, ultra-nationalist political party, led by Corneliu Vadim Tudor. The party is sometimes referred to in English as the Great Romania Party....
. The vice-president of the party stated that, "Clearly, we wouldn't initiate such a legislative proposal, since we're a Christian party. The sin of sodomy is one of the biggest [sins]."
The Conservative Party
Conservative Party (Romania)
The Conservative Party of Romania is a political party formed in 1991, after the fall of Communism, under the name of the Romanian Humanist Party . From 2005 until December 3, 2006, the party was a junior member of the ruling coalition...
was less vocal in its opposition to same-sex marriage, with Octavian Petrovici, the vice-president of the party's Bucharest division, stating about same-sex couples that "it's their own choice, and in the same way that we respect the option of every citizen, we respect the choice of these people. However, it is a long way from respecting a choice to making special laws, which do not match the values and principles that our party affirms."
On 27 November 2006, the women's organisation of the Conservative Party
Conservative Party (Romania)
The Conservative Party of Romania is a political party formed in 1991, after the fall of Communism, under the name of the Romanian Humanist Party . From 2005 until December 3, 2006, the party was a junior member of the ruling coalition...
adopted a resolution opposing same-sex marriage and same-sex adoption
Adoption by same-sex couples
LGBT adoption is the adoption of children by lesbian, gay, bisexual and transgender persons. This may be in the form of a joint adoption by a same-sex couple, adoption by one partner of a same-sex couple of the other's biological child , and adoption by a single LGBT person.Adoption by same-sex...
. The resolution declared that, "The family has as its primary aim our continuity and we will continue to support its development, particularly since we will be confronted in the future with an accentuated process of aging and a significant reduction in the population. We reject categorically the legalisation of same-sex marriage."
On 10 June 2007, after the annual Bucharest GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...
, the Conservative Party reiterated its position on same-sex marriage, stating, "The sexual options of each citizen are accepted and respected in Romania, but from here until the adoption of special laws for sexual minorities is too long a way. We support the definition of marriage as a union between one man and one woman."
See also
- LGBT rights in Romania
- Recognition of same-sex unions in Europe