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Same-Sex Couple Brings Complaint Against Lithuania. Ordo Iuris Defends the Definition of Marriage Before the ECtHR

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The Ordo Iuris Institute has submitted an amicus brief to the Strasbourg Court, in which it points out that no right to the institutionalization of same-sex unions follows from the European Convention on Human Rights.

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In its earlier case law, the Court has ordered Italy, Ukraine, Bulgaria, Romania, Russia, and Poland to regulate the status of same-sex couples.

A couple consisting of two men has lodged a complaint against Lithuania with the European Court of Human Rights over the lack of any possibility for them to enter into a “marriage” or a civil partnership. The men allege a violation of their right to respect for private and family life (Article 8 of the European Convention on Human Rights) and of the prohibition of discrimination (Article 14 of the European Convention on Human Rights).

With the consent of the President of the Second Section of the European Court of Human Rights, the Ordo Iuris Institute has intervened in the proceedings in this case, acting as amicus curiae. In its submission, the Ordo Iuris Institute pointed out, in particular, that:

– marriage is one of the oldest legal institutions in Europe, deeply rooted in constitutional and international law;

– defining marriage as a union of a woman and a man should not be regarded as an expression of irrational prejudice, but rather has a rational justification grounded in historical, sociological, and moral arguments;

– no right to the institutionalization of same-sex unions follows from the European Convention on Human Rights. Member states should be afforded a wide margin of appreciation in deciding which conveniences and entitlements should be reserved for marriages as unions of a woman and a man, and which may also be available to persons in relationships of another kind, including same-sex relationships.

The date on which the European Court of Human Rights will deliver its judgment in this case is not yet known. The Ordo Iuris Institute is monitoring it on an ongoing basis and will report on further steps and decisions.

At present, in 32 of the 46 member states of the Council of Europe, same-sex couples have the possibility of formalizing their relationship, including in 22 states in the form of so-called marriage. In the remaining 14 member states (Poland, Ukraine, Bulgaria, Romania, Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, North Macedonia, Moldova, Serbia, Slovakia, and Turkey), national law essentially does not regulate the status of same-sex couples as a separate institution of family law. So far, the European Court of Human Rights has expressly ordered four of these states to regulate unions of this type: Ukraine, Bulgaria, Romania, and Poland. The Court has also issued judgments in such cases against Italy and Russia, but Italy has already introduced civil partnerships, and Russia is no longer a member of the Council of Europe. The Strasbourg Court consistently emphasizes that states should provide some form of legal recognition for stable same-sex relationships, but that they have discretion both in choosing the name (it does not have to be marriage) and as to the specific entitlements to be granted to such relationships.

Case of D.S. and R.Š. v. Lithuania, application no. 11326/24.

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Source of cover photo: iStock