Lithuanian ministry refuses to register court-recognised partnerships

Lithuania’s Justice Ministry says it will not register same-sex partnerships recognised by courts until parliament sets out a legal basis and procedure, leaving couples and the state at an impasse, LRT reports.

The ministry maintains that court rulings in individual cases do not fill the legal gap or establish a general registration process. It says state institutions can act once the Seimas adopts the necessary legislation.

The position remains unchanged after the ministry failed to overturn a final ruling requiring the state to register the partnership of two women from Vilnius. On May 28, the Klaipeda Regional Court rejected the ministry’s appeal. The ministry later asked the Supreme Court of Lithuania to review the decision, but the court refused to accept the appeal in early September.

The ministry can no longer appeal in that case because the three-month deadline has passed, although it may still challenge rulings in other cases. The couple’s lawyer, Aivaras Žilvinskas, told BNS that the remaining question in the case is whether the couple will be awarded legal costs, which the Supreme Court is considering.

Thirteen rulings challenged

The ministry told BNS it has appealed 13 court decisions ordering the registration of same-sex partnerships. Appellate courts have rejected three of those appeals, including the case involving the Vilnius couple. The ministry has not yet decided whether to seek further review of the other two rulings rejected by the Klaipeda Regional Court.

The Constitutional Court ruled in April last year that provisions of the Civil Code were unconstitutional because they limited partnership to a man and a woman and made registration dependent on a separate law. The ruling opened the way for couples to seek recognition through the courts.

However, court decisions have not been consistent. On October 8, the Klaipeda District Court recognised a same-sex couple’s partnership but rejected their request for an order requiring the state to register it and issue a confirming document.