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===''Fedotova'' case===
===''Fedotova'' case===
{{main|Fedotova and Others v. Russia}}
[[File:Lesbianmarriageinmoscowmay2009.jpg|thumb|right|Irina Fedotova and Irina Shipitko at a registry office in the [[Tverskoy District]] in [[Moscow]], where they were later denied a marriage license, 12 May 2009]]
[[File:Lesbianmarriageinmoscowmay2009.jpg|thumb|right|Irina Fedotova and Irina Shipitko at a registry office in the [[Tverskoy District]] in [[Moscow]], where they were later denied a marriage license, 12 May 2009]]


Revision as of 08:24, 14 December 2023

Part of the LGBT rights series
Same-sex marriage legal

Recognized

Same-sex marriage not legal, but civil unions or registered partnerships legal
Minimal recognition
See also
Notes
  1. KoN: 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. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: 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. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

Russia does not recognize same-sex marriage or civil unions for same-sex couples. Since 2020, the Russian Constitution has explicitly outlawed same-sex marriage.[1] Statutory Russian laws also contain provisions forbidding same-sex marriages.[2]

In the case of Fedotova and Others v. Russia, the European Court of Human Rights (ECHR) ruled that the Russian Government was violating the European Convention on Human Rights by not offering any form of legal recognition to same-sex relationships.[3] However, a lawyer representing the plaintiff couple in this case said it was unlikely that "Russia would implement it".[4] In addition, Russia was expelled from the Council of Europe on 16 March 2022 due to its invasion of Ukraine,[5] and ceased to be a party to the ECHR on 16 September 2022.[6]

Following the dissolution of the Soviet Union, several same-sex couples attempted to marry at registry offices in Russia. The first known case occurred in 1994, but the couple were denied a marriage license and later fled to the United States. In 2006, the Constitutional Court of Russia ruled that the statutory ban on same-sex marriage was constitutional.

Background

Historical research has shown that during the time of the Russian Empire in the early 20th century, when homosexuality was still outlawed and same-sex relationships were taboo, some couples established "marriage contracts" and lived together in joint households. One couple, Nikolay Polyakov and Stepan Minin, were known to have lived together until 1933 when they were arrested in an anti-gay purge organized by Soviet authorities.[7] In 1922, Evgenia Fyodorovna, dressing as a man and having forged fake identity documents, got married to her partner in Saint Petersburg. Authorities soon discovered that Fyodorovna was in fact a woman and opened a criminal case against the couple, accusing them of a "crime against nature". The People's Commissariat of Justice later ruled the marriage "legal, as concluded by mutual consent". After Joseph Stalin came to power in 1924, oppresion of LGBT people increased and same-sex unions between men were re-criminalized. Despite this, attempts to register same-sex marriages continued. In 1965, a woman known only by her initials O.A. forged a passport with a male name and married her partner. Similarly, in the 1970s, Olga Krause married her partner in Saint Petersburg after having forged a fake passport.[8]

In the early 1990s, activists including Evgenia Debryanskaya and Roman Kalinin began calling for the legalization of same-sex marriage in Russia.[9] In April 1994, Slava Mogutin and his partner Robert Filippini applied to marry in a registry office in Moscow. Although the director of the office was sympathetic, she said she could not by law perform the marriage. This made the couple the target of highly publicized criminal cases, carrying potential prison sentences of up to 7 years' imprisonment. The couple later fled and filed for political asylum in the United States.[10]

Article 1(3) of the Family Code of Russia bans same-sex marriage, stating: "Regulation of family relations must adhere to the principle of a voluntary union between a man and a woman […]."[11] This ban was introduced in 1995. A 2006 judgement from the Constitutional Court of Russia upheld this statutory ban, and rejected claims that banning same-sex marriages was a violation of constitutional rights.[12] Previously, the family law of the Soviet Union did not contain an explicit ban on same-sex marriages.[13]

Marriages performed abroad

Pavel Stotsko and Evgenii Voitsekhovskii marrying at Copenhagen City Hall, Denmark, 4 January 2018

Russian citizens can register a same-sex marriage in countries whose laws allow it for foreigners, such as Argentina, Iceland, Norway, Portugal or South Africa. According to Article 158 of the Family Code, marriages concluded abroad are recognized in Russia, unless explicitly outlawed by Article 14 of the Code, which prohibits marriage between close relatives, and between adoptive parents and adopted children. As a result, the recognition of same-sex marriage in Russia remains a controversial issue among lawyers. Some argue that foreign same-sex marriages can be recognized in Russia.[14][15] Other jurists and authorities refer to Article 167 of the Code, which states: "The norms of foreign family law do not apply if such application would contradict the fundamentals of the legal order (public order) of the Russian Federation. In this case, the legislation of the Russian Federation shall apply." Thus, they argue that same-sex marriages contracted abroad cannot be recognized in Russia.[16][17]

A test case for the recognition of foreign marriages occurred in January 2018 when Pavel Stotsko and Evgenii Voitsekhovskii, who had married in Denmark on 4 January 2018, were indirectly acknowledged by Russian authorities as married on their passports.[18] However, the couple later fled Russia citing threats to their liberty and security, and the official who stamped their passports was dismissed. The Ministry of Internal Affairs also declared the passports invalid, and a court case accusing the couple of "intentional damage to official documents" was filed in court. The police issued a statement that it would not protect the couple from homophobic vigilantes.[19] Another case occurred in June 2020, when Igor Kochetkov received a tax deduction from the Federal Taxation Service under the health insurance scheme of his husband Kirill Fedorov, whom he married in the United States in 2017.[20]

On 14 October 2020, a bill was submitted to the Federal Assembly to explicitly ban the recognition of foreign marriages which contravene the "fundamental laws of order and morality", including same-sex marriages. The government announced its opposition to the bill on 20 October, and it was not approved.[21]

Marriages of transgender people

Alyona Fursova and Irina Shumilova (right) marrying in Saint Petersburg, 7 November 2014

The Family Code does not explicitly ban marriages to transgender people. Thus, de facto same-sex marriages are theoretically possible in Russia if one of the spouses is transgender; marriages are only possible if both spouses are of the opposite legal sex.[22] On 7 November 2014, Irina Shumilova and Alyona Fursova were married in Saint Petersburg, exploiting this legal loophole as Shumilova had not completed as legal gender change and was still legally a man. Both spouses wore wedding dresses at the ceremony. News of the marriage was leaked to the media, despite the couple not wanting to go public. Employees of the registry office which conducted the marriage said they had "fully complied" with the marriage laws of Russia as Shumilova and Fursova were legally of the opposite sex.[23][24] A similar case had occurred a few months prior, when Alina Davis, 23, and Alison Brooks, 19, had applied to marry in a registry office on Kutuzovsky Prospekt in Moscow. The application was accepted as Davis was legally a man.[25]

These two cases led MP Vitaly Milonov to introduce legislation banning "inappropriate clothing" at marriages, but the bill was not passed.[26] In 2015, MPs Aleksey Zhuravlyov, Anatoly Greshnevikov and Dmitri Gorovstov proposed legislation banning explicitly marriages if one of the spouses has completed or intended to complete a sex change procedure. The bill was rejected by a parliamentary committee on the basis that it would be "impossible" to organize gender checks of all newlyweds.[27] In July 2023, President Vladimir Putin signed into law a bill banning transgender people from modifying their legal gender on official documents.[28] Transgender people may still be able to marry if their partner is of the opposite legal sex.

2020 constitutional amendments

See also: 2020 amendments to the Constitution of Russia

Following the 2020 constitutional referendum, the Russian Constitution has explicitly banned same-sex marriage.[29] The Moscow Times reported in March 2020, after the amendments had passed unanimously in the State Duma, "The 67-year-old Putin, who has dominated Russia for 20 years, has sought to cast himself as a defender of traditional values and rally support by promoting anti-Western and conservative ideas. Putin's fourth stint in the Kremlin has seen a strong pivot to more conservative policies, with groups promoting fundamentalist Orthodox Christian views gaining more legitimacy and liberal viewpoints attacked as Moscow's relations with the West have soured."[30] The referendum, which also allowed Putin to serve as president until 2036, was criticized by international observers claiming widespread irregularities including voter coercion, multiple voting, violation of secrecy of the vote and allegations of police violence against a journalist who was present to observe.[31]

Same-sex marriage

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.

Early marriage registrations in 2003–2005

In 2003 to 2005, there were active debates in civil society on the legalization of same-sex marriage. This was facilitated by its legalisation in the Netherlands, Belgium, Spain, and Canada, and attempts by several Russian same-sex couples to marry at registry offices.[32]

In 2003, Denis Gogolev and Mikhail Morozov were secretly married in a church in Nizhny Novgorod by a priest of the Russian Orthodox Church. The move proved controversial, and the couple were later turned away when they attempted to register their marriage at a registry office.[33] The Holy Synod of the Russian Orthodox Church later declared the marriage "null and void".[34] In September 2005, the couple entered a "partnership agreement", drawn up by a notary, which acknowledged the couple's cohabitation and guaranteed certain de facto rights, such as property rights and inheritance, if the couple were to separate or one of the partners were to die.[35] In 2004, two women in Tula were married at a local registry office because the Georgian surname of one of them seemed "masculine" to government officials.[32]

In April 2004, Eduard Murzin, a member of the State Assembly of the Republic of Bashkortostan, introduced a bill to legalize same-sex marriage in Bashkortostan, by removing statutory language that banned same-sex marriage in the republic. The bill was not put to a vote.[32] In January 2005, Murzin, who is heterosexual, and Eduard Mishin, editor-in-chief of a gay magazine, submitted an application to marry in the Butyrsky District in Moscow. They were rejected, and subsequently filed a case challenging the refusal in court. They argued that prohibiting same-sex couples from marrying violated Article 19 of the Russian Constitution. A lower court dismissed their lawsuit on 15 February, and the Moscow City Court upheld this decision in April 2005. The Supreme Court of Russia later rejected Murzin's appeal, ruling that it was not authorized to modify the law.[36] In November 2006, the Constitutional Court dismissed an appeal and upheld the statutory ban on same-sex marriages as constitutional. The European Court of Human Rights dismissed the case without comment in June 2008. Murzin was not only criticized by conservatives and religious leaders, but also by LGBT activists who questioned the timing of the litigation, noting that Russia had no anti-discrimination laws at the time.[37][38]

Fedotova case

Main article: Fedotova and Others v. Russia
Irina Fedotova and Irina Shipitko at a registry office in the Tverskoy District in Moscow, where they were later denied a marriage license, 12 May 2009

In April 2009, LGBT activist Nikolay Alexeyev launched a campaign to legalize same-sex marriage in Russia. On 12 May 2009, a lesbian couple, Irina Fedotova and Irina Shipitko, applied for a marriage license at the Tverskoy Office for the Registration of Civil Acts in the Tverskoy District in Moscow. The couple said, "We are no different from other people. […] We love Russia, we were born and live here, and we want our marriage to be recognized in Russia. […] We have love, we have happiness, we want to be together for our whole lives and we want to do this here in Russia."[39][40] The couple said they did not expect their marriage to be registered, but hoped the attempt would draw attention to the issue of LGBT rights in Russia. The registration attempt occurred a few days before Slavic Pride scheduled for 16 May in Moscow.[41][42]

The registry office indeed refused to issue them a license, citing Article 1(3) of the Family Code. The couple received a written denial from Svetlana Potamyshneva, head of the office, who denied to register the marriage stating that "Point 3 of Article 1 of the Family Code of Russia stipulates that the regulation of family relations must adhere to the principle of a voluntary union between a man and a woman." In June 2009, the couple challenged the denial to the Tverskoy District Court, claiming that "the Russian Constitution and family laws do not prohibit same-sex marriages. In addition, family and marriage rights, including those same-sex, are guaranteed with Articles 8 and 12 of the European Human Rights Convention ratified by the Russian Federation". The court scheduled oral arguments for 26 August 2009, but later postponed them to 9 September and then to 6 October.[43][44] The District Court dismissed their case on 6 October, citing the 2006 judgement of the Constitutional Court in the Murzin case that there was no constitutional violation in denying marriage rights to same-sex couples. Alexeyev told journalists that the case would be appealed up to Supreme Court and to the European Court of Human Rights. The couple announced they would legally register their marriage in Canada and later seek its legal recognition in Russia.[45][46][47] The couple married as planned in Toronto on 23 October. The ceremony was officiated by Judge Harvey Brownstone. Numerous media and local activists were present at the ceremony during which Fedotova and Shipitko exchanged vows. The newlywed couple received their marriage license, which they hoped would be recognized in Russia upon coming back home.[48][49][50][51][52]

On 21 January 2010, the Moscow City Court upheld the decision of the Tverskoy District Court.[53][54] The couple later appealed to the European Court of Human Rights (ECHR), which registered their case on 18 January 2011. The couple argued that Russia had violated Article 12 of the European Convention on Human Rights, which guarantees the right to marry, Article 8, which guarantees a right to private and family life, and Article 14, which provides a right not to be discriminated against. In July 2021, the ECHR ruled in Fedotova and Others v. Russia that Russia "had an obligation to ensure respect for the applicants' private and family life by providing a legal framework allowing them to have their relationships acknowledged," and it rejected the Russian government' argument about public disapproval of same-sex unions, finding that "access to rights for a minority could not be dependent on the acceptance of the majority."[55][3] Referring to the 2020 constitutional amendments, the court stated that Russia could give same-sex couples "access to formal acknowledgment of their couples' status in a form other than marriage", which would not conflict with the "traditional understanding on marriage" in Russia.[55]

A lawyer representing the plaintiff couple in this case said it was unlikely that "Russia would implement it".[4] The Grand Chamber upheld the ruling on 17 January 2023. It held by fourteen votes to three that there had been a violation of Article 8 of the European Convention on Human Rights. This decision placed a positive obligation on all member states of the Council of Europe to establish same-sex partnerships. However, Russia was expelled from the Council of Europe on 16 March 2022 due to its invasion of Ukraine,[5] and ceased to be a party to the ECHR on 16 September 2022.[6]

Position of the Russian Orthodox Church

See also: LGBT history in Russia § Soviet Union

In 2016, Patriarch Kirill of Moscow stated that same-sex marriage is a form of "Soviet totalitarianism". In May 2017, he likened it to Nazism and referred it as threat to family values during a visit to Kyrgyzstan.[56]


Polling

Date(s) conducted Support legalizing state sanctioned same-sex marriage Oppose legalizing state sanctioned same-sex marriage Partly agree, partly disagree / Hard to answer / Difficult to answer Margin of error Sample Conducted by Polling type
1 June 2019 – 2 June 2019 7% 87% 6% 3.6% 1,500 respondents Public Opinion Foundation
1 July 2015 – 31 July 2015 5% 90% 5% 3.3% 2,471 Institute for Comparative Social Research PAPI
11 April 2015 – 12 April 2015
4 July 2015 – 5 July 2015		 8% 80% 3.5% 1,600 respondents Russian Public Opinion Research Center
27 March 2015 – 30 March 2015 7% 84% 9 4.1% 800 adults Levada Center
15 January 2013 – 18 January 2013 5% 85% 10 3.4% 1,600 adults Levada Center
July 2012 10% 77% 13 Levada Center
July 2010 14% 84% 4 Levada Center
17 May 2005 14.3% 73.4% Levada Center
April 2005 15% 74% 12% Levada Center
29 January 2005 – 30 January 2005 14% 59% 27% 3.4% 1,600 adults All-Russian Public Opinion Research Center Interviews

The Institute for Comparative Social Research, which was conducted from 1 July 2015 to 31 July 2015, found that 5% of Russians favor or strongly favor allowing gays and lesbians to marry legally, with 3% among Russians aged 35+ years old, 5% among Orthodox, 8% among religious "nones", and 9% aged 18-34 years old.[57]

See also

References

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  57. ^ Religious Belief and National Belonging in Central and Eastern Europe
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