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Recognition of same-sex unions in Russia

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in 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. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
LGBTQ portal

Russia does not recognize same-sex marriage or civil unions. Since 2020, the Russian Constitution has explicitly outlawed same-sex marriage.[1] The Family Code of Russia also contains provisions forbidding same-sex marriages,[2] which the Constitutional Court upheld as constitutional in 2006. Opinion polls have shown a decline in support for same-sex marriage in Russia. This declining trend has been attributed to anti-gay state propaganda, the 2013 gay propaganda law in particular, and growing anti-Western and traditionalist sentiment in Russia under Vladimir Putin.[3]

Following the dissolution of the Soviet Union, several same-sex couples attempted to marry at registry offices in Russia. The first known case occurred in 1994, but the couple were denied a marriage license and later fled to the United States. A highly mediatized case occurred in 2009 when a same-sex couple was denied a license in Moscow. In the case of Fedotova and Others v. Russia, the European Court of Human Rights (ECHR) ruled that the Russian Government was violating Article 8 of the European Convention on Human Rights by not offering any form of legal recognition to same-sex relationships.[4] However, a lawyer representing the plaintiff couple in this case said it was unlikely that "Russia would implement" the ruling.[5] In addition, Russia was expelled from the Council of Europe on 16 March 2022 due to its invasion of Ukraine,[6] and ceased to be a party to the ECHR on 16 September 2022.[7]

  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. ^ Cite error: The named reference code was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference 2012poll was invoked but never defined (see the help page).
  4. ^ 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.
  5. ^ Bartenev, Dmitri (16 July 2021). "Will Russia Yield to the ECtHR?". Verfassungsblog. Retrieved 25 September 2021.
  6. ^ "The Russian Federation is excluded from the Council of Europe - Portal - www.coe.int".
  7. ^ "Russia ceases to be party to the European Convention on Human Rights - Portal - www.coe.int".
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