A same-sex couple appealed to the Supreme Court docket: the fitting of some individuals to a household can now not be ignored

“The litigation that has been occurring for nearly a yr reveals that the Lithuanian courts are avoiding taking the initiative to fill the gaps within the legislation intentionally left by the Seimas”, says Aivaras Ċ½ilvinskas, the lawyer of the circumstances initiated by the Affiliation of Tolerant Youth. – “It’s pretended that worldwide legislation and the selections of the Strasbourg Court docket don’t exist and don’t apply to Lithuania, that there is no such thing as a discrimination when some individuals’s households are protected by the state, and others aren’t acknowledged.”

In keeping with the lawyer, earlier court docket selections have been disappointing. Lithuania behaves as if it isn’t a member of the European Union, the place 24 out of 27 states acknowledge same-sex households, however a member of some Russian bloc.

“For instance, the ruling said that my accomplice and I did not show that we’re of various genders. It is an actual mockery as a result of we did not attempt to show it. Simply utilizing such an argument presupposes the concept considered one of us ought to change gender simply to have the ability to get married in Lithuania. It is absurd”, one of many candidates, Martynas Norbutas, was outraged by the ruling of the appeals court docket.

The applicant within the case additionally observed the inconsistency within the logic of the appellate court docket: the court docket indicated that the settlement to enter into marriage with one’s accomplice needed to be notarized. Though the identical ruling states that, within the opinion of the court docket, same-sex marriages aren’t potential in Lithuania.

“We have been provided to put on iron clogs. To conclude a contract with a notary, which, based on the court docket, is unimaginable to conclude. I see this as mockery. It’s disappointing that the courts, that are presupposed to administer justice, depend on such statements in any respect,” says a person who seeks to legalize household relations after greater than 16 years of residing collectively along with his accomplice.

The candidates hope that the Supreme Court docket will switch the case to the court docket of first occasion for re-examination, however earlier than that they are going to flip to the Constitutional Court docket to make clear whether or not the ban on same-sex marriage that’s now established doesn’t contradict the provisions of the Structure that each one individuals are equal, in addition to the constitutional ideas of rule of legislation, justice, non-discrimination, Lithuania’s worldwide obligations.

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2024-05-29 20:14:16

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