Recognition of same-sex unions in San Marino

Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

San Marino has recognized civil unions for both same-sex and opposite-sex couples since 5 December 2018. The law to permit civil unions became fully operational on 11 February 2019, following a number of further legal and administrative changes.

Immigration rights

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On 17 June 2012, the Grand and General Council passed a bill to allow foreign nationals in same-sex relationships with San Marino citizens to remain in the country legally. The bill stopped short of giving any rights to these couples (apart from immigration) but was regardless hailed as a "historic step forward". Michele Pazzini, the secretary of a San Marino LGBT association, said: "This is a little step towards the full recognition of same-sex couples." The bill was passed 33 to 20.[1]

Civil unions

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Legislative action

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In March 2016, three political parties announced their intention to introduce separate bills to Parliament to create a new gender-neutral partnership law that would expand the rights of all unmarried cohabiting couples. The largest party, San Marino Common Good, ruled out adoption rights for same-sex couples, while an opposition party included adoption in its draft. The center-left coalition partner, United Left, said that it was open to the idea of same-sex parenting and may bring the issue of stepchild adoption to a fourth proposal.[2]

In December 2017, after winning the November 2016 election, the center-left coalition (consisting of United Left, Future Republic and Civic 10) vowed to pass a civil union bill.[3] A popular initiative to legalise civil unions (Italian: unione civile, pronounced [uˈnjoːne tʃiˈviːle]; Romagnol: ugnôn zivìla, pronounced [uˈɲoːŋ θiˈviːlɐ]) was introduced to the Grand and General Council on 18 December 2017, and passed its first reading on 7 March 2018.[4][5] Under the proposed law, civil partners would be granted health care benefits, pension rights and enjoy the same residency rights as married couples, among other rights and benefits. The proposal was praised for going further than the Italian civil union law, approved in 2016, as it would allow for stepchild adoption. Additionally, children born during the civil union would be legally recognised as the children of both parents, and children born abroad would also be recognised.[6] A public consultation took place on 6 April 2018.[7] The government indicated that it would try to have the bill passed "as soon as possible".[8] On 27 September 2018, the Council Committee for Constitutional Affairs approved the bill by a 12–2 vote with some amendments; while now allowing for public ceremonies, the Committee conferred to the unions only a limited set of rights pertaining to marriage (residency, citizenship, pension rights, health care, succession rights, and stepchild adoption rights).[9]

On 15 November 2018, the Grand and General Council approved the bill at final reading by 40 votes to 4 with 4 abstentions.[10][11] The law was published in the Official Bulletin of the Republic of San Marino on 20 November 2018 and entered into force on 5 December 2018.[12] However, the bill required a delegated decree adding the necessary legal basis and a series of administrative adjustments to be adopted by the Congress of State before implementation. Director of the Civil Status Lorella Stefanelli said that February 2019 was a likely date for commencement.[13] In February 2019, Guerrino Zanotti, the Secretary of State for Internal Affairs, said the delegated decree would be adopted by the Congress of State within the next few days, allowing the Civil Status to implement the new law. The decree was ratified on 11 February 2019.[14][15] The first civil union in San Marino took place on 25 February 2019 between Emanuele Leuzzi and Marco Cervellini at the Civil Registry Office in Valdragone, Borgo Maggiore.[16][17]

A law which came into effect on 24 June 2021 further expanded the rights and benefits of civil partners. However, same-sex couples are still not permitted to adopt.[18]

Statistics

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In 2019, 36 civil unions were performed in San Marino, of which 13 were between same-sex couples.[19]

Same-sex marriage

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Background

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In April 2014, a Sammarinese man, who had married his partner in the United Kingdom, filed a petition to start a debate on the recognition of foreign same-sex marriages in San Marino.[20] On 19 September 2014, Parliament debated and rejected the proposed changes on a vote of 35–15.[21] On 8 April 2015, the same man attempted to register his marriage in the country, but was not successful.[22] In December 2017, the Parliament approved an amendment to a proposed 2018 budget law that would have allowed same-sex marriages for foreigners in San Marino, by 25 votes to 20. However, the government did not then draft the required legislation to implement the amendment.[23][24]

At San Marino's third Universal Periodic Review in November 2019, the Netherlands recommended that the government legalize same-sex marriage. The government "noted" (rejected) this recommendation.[25]

Religious performance

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The Union of Methodist and Waldensian Churches, which serves the small Protestant minority in San Marino, was the first Christian denomination to authorise the blessing of same-sex couples in 2010.[26] The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[27]

Public opinion

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A 2016 survey by La Tribuna Sammarinese found that 78% of Sammarinese were in favour of same-sex civil unions.[28]

See also

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References

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  1. ^ "San Marino axes medieval law to let gay couples live together". Archived from the original on 2014-01-02. Retrieved 2018-11-17.
  2. ^ "San Marino. Unioni civili, presto sul tavolo tre bozze di legge". La Tribuna Sammarinese (in Italian). Archived from the original on 2 April 2016.
  3. ^ (in Italian) San Marino. Più uniti. Più forti. Tutto pronto per la fondazione di Sinistra Socialista Democratica
  4. ^ (in Italian) Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"
  5. ^ (in Italian) Migranti e unioni civili, il Titano è pronto Archived 2018-09-17 at the Wayback Machine
  6. ^ (in Italian) San Marino. "Unioni civili, una legge esemplare e perfino migliore della nostra"
  7. ^ (in Italian) Il pilastro sociale tra unioni affettive ed evoluzioni dell'amore
  8. ^ (in Italian) San Marino, la proposta di legge popolare sulle unioni civili sarà presto ordine del giorno
  9. ^ "Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian).
  10. ^ "Approvata la legge sulle Unioni Civili. La commissione pari opportunità: "giornata storica per San Marino"". Rtv San Marino (in Italian). 16 November 2018.
  11. ^ Besanvalle, James (16 November 2018). "San Marino passes civil union law for same-sex couples". Gay Star News. Archived from the original on 15 May 2019. Retrieved 17 November 2018.
  12. ^ "Legge 20 novembre 2018 n°147 "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian).
  13. ^ "Unioni civili a San Marino: quasi tutto pronto affinché la legge sia operativa" (in Italian). Rtv San Marino. 14 January 2019.
  14. ^ "San Marino. Unioni civili, arriva il decreto per rendere operativa la legge" (in Italian). Libertas San Marino. 12 February 2019.
  15. ^ "Congresso: il decreto sulle Unioni Civili rende operativa la legge" (in Italian). Rtv San Marino. 6 February 2019.
  16. ^ "Prima unione civile sul Titano: momenti di emozione per Marco ed Emanuele". Rtv San Marino (in Italian). 25 February 2019.
  17. ^ "Unioni civili, Arcigay Rimini presente alla prima cerimonia sul Titano". Altarimini (in Italian). 25 February 2019. Archived from the original on 26 February 2019. Retrieved 25 February 2019.
  18. ^ "Matrimoni e Unioni Civili - Segreteria di Stato per gli Affari Interni". www.interni.segreteria.sm. Retrieved 2021-10-30.
  19. ^ "San Marino. Scintille sulle Unioni civili". Giornale San Marino (in Italian). 3 June 2020.
  20. ^ "San Marino Considering Recognition Of Out Of State Marriages". Towleroad. 8 April 2014.
  21. ^ "San Marino rebuffs same-sex marriage, abortion proposals". Gazzetta Del Sud. 19 September 2014. Archived from the original on 28 January 2016. Retrieved 17 November 2018.
  22. ^ Chiesta a San Marino la prima trascrizione di matrimonio gay
  23. ^ (in Italian) SAN MARINO DICE SÌ AL MATRIMONIO GAY. MA SOLO PER GLI STRANIERI
  24. ^ (in Italian) A San Marino arriva il matrimonio egualitario, ma solo per gli stranieri
  25. ^ "34nd UPR WORKING GROUP SESSIONS - SOGIESC RECOMMENDATIONS - San Marino" (PDF). ILGA. pp. 72–76. Archived (PDF) from the original on 13 May 2020. Retrieved 13 May 2020.
  26. ^ "Coppie gay, storica apertura della Chiesa valdese. Ma si aspetta ancora una legge". Il Fatto Quotidiano. August 27, 2010.
  27. ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. Archived from the original on 23 December 2023. Retrieved 2023-12-23.
  28. ^ Homosexual couples in San Marino: waiting for rights
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