Czech Republic
The former communist-controlled Czech Republic is now one of the most progressive countries regarding LGBTQ+ (same-sex or transgender) rights. While the LGBTQ+ community has made many advances over the years, they still face inequality compared to their heterosexual counterparts. Same-sex sexual activity was decriminalized in 1962 after researchers and psychologists like Kurt Freund advocated for legalization, stating that homosexuality cannot be changed. In the 1990s, the age of consent was equalized for same-sex couples, homosexual prostitution was decriminalized, and the army allowed those who identified as LGBTQ+ to serve openly. Following the success of these efforts, attempts were made to pass a law allowing a civil union for same-sex couples.
A bill recognizing a civil union or registered partnership between same-sex couples was vetoed several times in 1998, 1999, 2001, and 2005. A new bill was passed in December 2005 by the Czech House of Representatives but was ultimately vetoed by then president Václav Klaus in January 2006. The veto didn't last long as it was overturned by the Chamber of Deputies, and the law later came into effect in early July of 2006. Same-sex couples could legally take part in civil unions, otherwise known as registered partnerships.
Registered partnerships allowed those in the LGBTQ+ community to have corresponding rights to heterosexual marriage laws. Similarities included inheritance rights, the right to declare next of kin, hospital visitation rights, prison visitation rights, spousal privilege, and alimony rights. Unlike heterosexual marriage laws, registered partnerships do not include joint adoption, widow's pension, or joint property rights.
An anti-discrimination law was passed in 2009, which prohibits discrimination against sexual orientation and gender identity. This prohibits any negative basis affecting employees, education, housing, and access to goods and services. Many feel, however, that this law isn't being properly enforced or implemented, as registered partnerships are not equal to the current marriage laws.
As of this writing, same-sex marriage remains illegal in the Czech Republic. While registered partnerships are recognized for same-sex couples, the inequality they experience heavily impacts their daily lives. Many LGBTQ+ individuals raise the issue of joint adoption, as technically, same-sex couples who have adopted children or want to adopt their partners' children would have no rights over the child under the current laws that are in place. Unlike their homosexual counterparts, under the current marriage laws, heterosexual couples have minimal legal barriers to adopting and have no fear of losing their parental rights over their children.
In Prague, marriage laws for same-sex couples are under review as of June 2023. Interior Minister Vt. Rakuan is pushing to move the discussion of the bill to September, but lower house speaker Markéta Pekarová Adamová and Deputy Jana Pastuchová are pushing to have this issue discussed and on the lower house agenda as early as July 2023. Many are suggesting to legalize same-sex marriage, while others, besides those who are opposed, suggest adding additional rights to registered partnerships. These proposed amendments would include joint property rights, widows' pensions, and access to alternative family care. The sharing of joint properties and pensions was previously not included in the original bill that was passed for registered partnerships. Even with these additional rights, registered partnerships would still not include all the benefits of heterosexual marriages. Thus, the debate continues for the legalization of same-sex marriages.
Slovakia
Pride Flag
Slovakia, unlike its neighbor, the Czech Republic, is a bit more conservative regarding LGBTQ+ marriage laws. Currently, the country does not recognize same-sex marriage or registered partnerships. Over the years, many attempts were made to introduce a bill to reconfirm registered partnerships, the latest being in 2021, but all were denied. While same-sex marriage is still illegal, the courts ruled in 2018 that marriages that were obtained in a state that legalized same-sex marriage and where one of the partners is an EU citizen will be honored by the country, granting the couple full residency rights.
In more recent years, Slovak law now recognizes a "close person." This is defined as a sibling or spousal relationship. If said person were to fall to injury, the "close person," either a family member or a person in a relationship, would be granted limited rights, for example, inheritance. If same-sex marriage laws stay unchanged, many are pushing for "registered partnerships" as the alternative, as they offer more rights than a "close person." However, many are hoping for Slovakia to rule same-sex marriages legal in the near future.
By Pressley Reeve
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