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Same-Sex Partnership Debate in Slovenia: Between Declarative Support and Lack of Political Will

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Part of the book series: Gender and Politics ((GAP))

Abstract

‘Nothing much’, replied one Slovenian gay activist when asked by a Western journalist what had changed for the LGBT community in Slovenia after 1989. The fall of the Berlin wall and the political changes in the European socialist countries at that time may have been a crucial turning point for some of the Eastern European LGBT communities, and the first opportunity for the LGBT movement that would eventually emerge in some of the post-socialist states, but that was not the case in Slovenia. ‘Nothing much’ referred to the fact that, in 1991, when Slovenia gained its independence, the gay movement had been already active for seven years, and the most important political demands for equality had already been voiced and acted upon. The change in the political system did not alter the essence of these demands, but it did create a new, post-socialist context, and for a moment, raised high hopes that demands for equality would soon be met. Why this did not happen is the focus of this chapter, which provides an overview of the trajectory of the Slovenian gay and lesbian movement. It focuses on the three decades of struggles aimed at deconstructing the heteronormative foundations of partnership and family legislation in Slovenia, and shows that while Europeanization and international norms might have been important factors in these debates, the delays in and resistance to the adoption of marriage equality legislation are best explained by the internal relations between and within the parties that have made up the ruling coalitions in Slovenia over the past 20 years. Furthermore, the role of the conservative movements and political parties—often in close relationship with the Roman Catholic Church—cannot be ignored.

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Notes

  1. 1.

    Other Yugoslav republics legalized homosexuality only in the 1990s.

  2. 2.

    Draft Constitution, the Assembly of the Republic of Slovenia 1990: 27.

  3. 3.

    Article 14 of the Constitution stipulates that ‘in Slovenia everyone shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political or other opinion, material standing, birth, education, social status, disability or any other personal circumstance’. Former LSYS (then LSYS—LP (Liberal Party)) and the Green Party put forward an amendment, demanding the inclusion of sexual orientation into Article 14, but the lawmaker was reluctant to list it explicitly. The Commission for Constitutional affairs of the Parliament of the Republic of Slovenia then conferred an official interpretation that ‘the term “personal circumstances” included in Article 14 of the Constitution encompasses the “same-sex” orientation of an individual. The prohibition of discrimination on the basis of sexual orientation is thus contained in this article. The Commission for Constitutional affairs did not refer explicitly to any special personal circumstance, as ordinarily they are not explicitly enumerated in the conventions or constitutional texts, rather their judicial and other protections are secured in this more general manner.’

  4. 4.

    Article 12:

    (1) A durable living community of a man and a woman who have not concluded marriage, shall have the same legal consequences for them under this Act as if they had concluded marriage, provided there is no reason by which marriage between them would be invalid; in other fields, such a community shall have a legal consequence if the law so determines.

    (2) If a decision on rights or responsibilities is dependent on the question of the existence of a living community under the previous paragraph, a decision on this question shall be made in a proceeding for establishing these rights or responsibilities. A decision on this question shall have legal effect only in the matter in which this question was resolved.

  5. 5.

    Opinion of the Government, 1993, and Opinion of the National Assembly’s Secretariat for Legislation and legal Affairs, 1993.

  6. 6.

    Initiative for amendments to the Law on Marriage and Family Relations, 1994.

  7. 7.

    Opinion of the Ministry of labor family and social affairs in relation to the initiative for amendments to the Marriage and Family Relations Act (1994). Document no. 588-012/94 TP (4.11.1994).

  8. 8.

    The Institute for civil, comparative and international private law at the Faculty of law in Maribor (1998): The bill on registered same-sex partnership.

  9. 9.

    Article 9 of the EU Charter of Fundamental Rights stipulates, ‘the right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.’ This article does not prevent the adoption of the same-sex partnerships and families legislation, but is also does not impose such legislation upon member states.

  10. 10.

    One right-wing MP, for example, claimed during the parliamentary debate on same-sex partnership in 2005: ‘We cannot uncritically accept all models and patterns from the Netherlands. (…) In the Netherlands, the negative trends of too much liberality and of decisions that were made too quickly are already obvious.’ In Slovenian public debates, the Netherlands often function as a »heaven in the West« for gays and lesbians. Excerpt from the parliamentary debate on the Bill on Registered Same-sex Partnership, 7th Plenary Session of the Parliament of the Republic of Slovenia, June 17, 2005.

  11. 11.

    The letter to state secretary Alenka Kovšca (May 21, 2001) from Škuc LL and Škuc Magnus. Reprinted in Lesbo (2003), no. 19/20, pp. 48–49.

  12. 12.

    The proposal of the Same-sex partnership Act (71st regular sitting of the government of Slovenia, April 22, 2004).

  13. 13.

    The letter of Slovenia’s People Party to deputy groups of LDS, ZLSD, Desus and the Ministry of labor, family and social affairs (January 20, 2004).

  14. 14.

    In its 2009 decision, the Constitutional Court changed this provision. Now, inheritance rights are recognized equally for married heterosexual couples and registered same-sex couples. In another Constitutional Court decision from 2011, these rights are also now recognized for same-sex couples who are not registered but have lived in a ‘long-lasting’ partnership. The same goes for heterosexual couples who live out of wedlock.

  15. 15.

    Personal correspondence.

  16. 16.

    Congregation for the Doctrine of Faith (3 June 2003), Considerations regarding proposals to give legal recognition to unions between homosexual persons, at http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_20030731_homosexual-unions_en.html (accessed 8 November 2013).

  17. 17.

    TV Slovenia, telecast ‘Aktualno’ (19 August 2003).

  18. 18.

    Maribor Archdiocese had run EUR 800 m in debt. See more: Top Church Dignitaries Step Down in Wake of Financial Scandal, The Slovenia Times, August 3, 2013, http://www.sloveniatimes.com/top-church-dignitaries-step-down-in-wake-of-financial-scandal (January 30, 2015).

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Kuhar, R., Čeplak, M.M. (2016). Same-Sex Partnership Debate in Slovenia: Between Declarative Support and Lack of Political Will. In: Slootmaeckers, K., Touquet, H., Vermeersch, P. (eds) The EU Enlargement and Gay Politics. Gender and Politics. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-48093-4_7

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