Lithuanian justice ministry challenges court rulings on same-sex partnerships

The Lithuanian justice ministry is appealing court decisions that recognise same-sex partnerships, despite a Constitutional Court ruling requiring their registration, LRT.lt reports.

The ministry, led by Justice Minister Rita Tamašunienė, has filed appeals against four court rulings ordering the registration of partnerships, arguing that Lithuania lacks a dedicated Partnership Law. Legal experts, however, describe the move as political reluctance rather than a legal gap.

In 2024, Lithuania’s Constitutional Court ruled that the Civil Code’s restriction of partnerships to opposite-sex couples was unconstitutional, opening the door for gender-neutral partnerships to be registered through courts until parliament adopts detailed regulations. The justice ministry was tasked with implementing this decision.

Jonas Sakalauskas and his partner Edmundas, who have been together for 11 years, successfully petitioned a court to recognise their partnership following the Constitutional Court’s ruling. However, the ministry appealed the decision, along with three other similar cases, seeking to delay registration obligations. Courts have since rejected these appeals, including the one concerning Sakalauskas and Edmundas, citing no legal basis for postponement.

Sakalauskas, a lawyer representing other same-sex couples in similar cases, emphasised that the state is legally bound to register court-recognised partnerships until a formal law is passed. He noted that 24 partnerships have already been judicially recognised, with 23 more cases pending. The couple has also approached bailiffs to enforce registration, and may expand their existing case against Lithuania at the European Court of Human Rights to include the state’s failure to comply with court orders.

Without registration, Sakalauskas highlighted practical challenges—such as inheritance and medical decision-making—as well as the broader issue of legal uncertainty for recognised partnerships.