In a historic decision, Slovenia's Constitutional Court has legalized same-sex marriage and granted immediate approval for adoption by same-sex couples.
Until recently, LGBTQ couples in Slovenia could only enter into civil partnerships. While this gave them some legal protections, it did not provide the same rights and benefits as marriage. In addition, same-sex couples were not allowed to adopt children.
However, all that changed when Slovenia’s Constitutional Court ruled that a law that limited marriage and adoption to heterosexual partners was unconstitutional.
This decision was based on a complaint filed by two same-sex couples who were denied the right to marry or adopt children.
In its opinion, the Constitutional Court judges stated that the current law discriminated against LGBTQ couples and that this discrimination could not be “justified with the traditional meaning of marriage as a union between a man and a woman, nor with special protection of family.”
The Court clarified that its ruling “does not diminish the importance of traditional marriage as a union of a man and a woman, nor does it change conditions under which persons of the opposite sex marry. All it means is that same-sex partners can now marry just like heterosexual partners can.”
The decision comes after Slovenian voters rejected marriage equality in a 2015 referendum.
The Court also ordered the National Assembly to amend the marriage act within six months.
It is unclear how the National Assembly will respond, but the Court’s decision on marriage equality prevails, so marriage is now a union between two people, regardless of gender.
This decision extended the right to adopt to unmarried couples too. Now, same-sex partners in a civil partnership will be able to adopt a child together under the same conditions as married spouses.
The ruling by Slovenia’s Constitutional Court is a huge victory for same-sex couples and their families. This ruling means that LGBTQ couples in Slovenia will now enjoy the same rights and protections as straight couples.
Couples who have been waiting to marry will now be able to do so without fear of discrimination. And families who have been denied the opportunity to adopt will finally be able to provide a home for children in need.
Today is a historic day for equality in Slovenia, and we celebrate this decision! Congratulations to everyone who fought for this important change!
ILGA-Europe, an organization that defends LGBTQ+ rights on the European continent, also welcomed the decision of the Constitutional Court of Slovenia.
“We welcome #Slovenia Constitutional Court decision that a marriage is a life union of two persons, regardless of gender, and that same-sex partners can jointly adopt,” tweeted ILGA-Europe. “We urge the Slovenian government to ratify the decision ASAP so equality can prevail.”