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LGBTQ rights in Latvia

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LGBTQ rights in Latvia
Location of Latvia (dark green)

– in Europe (light green & dark grey)
– in the European Union (light green)  –  [Legend]

StatusLegal since 1992
Gender identityTransgender people allowed to change gender, require surgery
MilitaryGays, lesbians and bisexuals allowed to serve openly
Discrimination protectionsSexual orientation protections in employment (see below)
Family rights
Recognition of relationshipsJudicial recognition since 2022;
Civil partnerships since July 2024[1]
RestrictionsSame-sex marriage constitutionally banned
AdoptionNo joint adoption by same-sex couples

Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents.[1][2][3] Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. In November 2023 registered partnerships were codified into law. These partnerships are available to both same and different sex couples - since July 1, 2024 the implemented registered partnership law has the similar rights and obligations as married couples - with the exception of the title of marriage, and adoption or inheritance rights.[4]

The democratization process in Latvia has allowed lesbians and gays to establish organizations and infrastructural elements such as bars, clubs, stores, libraries, etc. Cultural, educational and other events can be held. However LGBT people in Latvia continue to face widespread discrimination in society.[5][clarification needed] In November 2014, Foreign Minister Edgars Rinkēvičs came out via Twitter, becoming the first openly LGBT elected official in the country.[6] In July 2023, Rinkēvičs was promoted to become president of Latvia. In 2023, ILGA-Europe ranked Latvia 24th out of 27 European Union countries for the protection of LGBT rights.[7] Latvia is the only Baltic country and Northern European country which does not fully ban all anti-gay discrimination.

Law regarding same-sex sexual activity

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In 1992, soon after Latvia regained independence from the Soviet Union, homosexuality was decriminalized.[8] In 1999, the age of consent was equalized and set at 16, regardless of gender and/or sexual orientation.[9]

Recognition of same-sex relationships

[edit]
Main article: Recognition of same-sex unions in Latvia

Latvia does not recognise same-sex marriage, however, civil unions were legalized in 2023, taking effect from July of 2024.[10] The implemented registered partnership law has similar rights and obligations as married couples - with the exception of adoption and inheritance rights.

In 2006, Latvia amended its Constitution to prohibit same-sex marriage.[11] Article 110 of the Latvian Constitution formerly read, "The State shall protect and support marriage, the family, the rights of parents and rights of the child. The State shall provide special support to disabled children, children left without parental care or who have suffered from violence."[12] The first sentenced of Article 110 was amended to read: "The State shall protect and support marriage – a union between a man and a woman, the family, the rights of parents and rights of the child."[13]

On 30 January 2015, an MP submitted a proposal for a partnership law, which would have allowed "any two persons" to register a partnership. This would have given cohabiting couples almost the same benefits and obligations as marriage.[14] The proposal was rejected by the Legal Affairs Committee on 24 February 2015. The Committee questioned the intent on changing the Civil Code, focusing on the 2006 constitutional same-sex marriage ban and how far-reaching the benefits of a "marriage-like" partnership would be, while suggesting that any new form of relationships may need to start from the ground up. Veiko Spolītis, who submitted the proposal, clarified that attaching a gender-neutral partnership provision to the existing code would be the fastest way for the bill to become law. Despite the setback, Spolītis has stated that discussions on the issue shall continue nevertheless.[15] Fellow Unity Party member, Ilze Viņķele, has since promised to develop and submit a brand new draft law.[16] In March 2015, a public petition was started by minor party For Latvia's Development for adopting a partnership law, which would provide for the recognition of registered and unregistered partnerships between couples of any sex.[17] In October 2018, the Ombudsman called on lawmakers to pass a partnership law for both opposite-sex and same-sex couples, citing statistics that showed that about half of Latvian children are born out of wedlock, and that these families should enjoy legal protections and rights.[18] On 20 June 2019, Saeima MPs voted against sending the partnership bill to further discussion and review in parliamentary commissions. Only 23 members voted for the bill, 60 voted against it and one member abstained.[19] Supporters of the bill have said that they will persevere and try to persuade deputies to discuss it again in the future.[20] In 2022, following a 2020 court ruling in favor of parental leave rights for same-sex couples, the Justice Ministry introduced a draft law that would create civil unions, giving same-sex couples some of the same rights and responsibilities as marriage.[21]

In June 2018, the European Court of Justice ruled that EU members states must grant married same-sex couples, where at least one partner is an EU citizen, full residency rights and recognise their freedom of movement.[22] No other rights of marriage are conferred to the couple.[23]

Party positions on partnership law

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Party In favour Seats in the Saeima Position
  Social Democratic Party "Harmony" Partially 0 Extraparliamentary opposition
  Who Owns the State? No 0 Extraparliamentary opposition
  New Conservative Party Yes 0 Extraparliamentary opposition
  Development/For! Yes 0 Extraparliamentary opposition
  National Alliance No 13 Opposition
  Union of Greens and Farmers Yes 16 Coalition
  New Unity Yes 26 Coalition
  United List No 15 Opposition
  Latvian Russian Union No 0 Extraparliamentary Opposition
  The Progressives Yes 10 Coalition
  For Latvia from the Heart No 0 Extraparliamentary Opposition

Adoption and family planning

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Latvian law allows any person over 25 to adopt. However, persons who are not married to each other may not adopt the same child.[24] This means that for unmarried couples only one partner may adopt a child. However, lesbian couples can get access to IVF and assisted insemination treatment.

In April 2023, the Saeima passed a series of amendments to the Law on the Protection of the Children's Rights to ban the adoption of Latvian children by foreign same-sex couples.[25]

Discrimination protections

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In September 2006, Latvia's Parliament, the Saeima, passed amendments to the Labour Code (Latvian: Darba likums) prohibiting discrimination on the basis of sexual orientation in the workplace. The Saeima had initially omitted such protections, but President Vaira Vīķe-Freiberga refused to sign the bill until it was added.[26]

Gender identity and expression

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See also: Transgender rights

It is possible to surgically affirm gender in Latvia and to legally change identity to reflect this. Latvian law does not define "sex change", but a medical certificate must be submitted to the authorities in order to legally change gender.[27] However, in 2004, authorities denied a change of legal identity to a transgender person who had undergone a partial sex change. The person, who reported having knowledge of another case in which their legal sex was changed after a partial sex change, took legal action. The Supreme Court of Latvia ruled in 2008, that in this particular case, legal identity should have been changed as the authority had done so in similar cases and the person, already presenting as male, might face a variety of issues having to legally identify as female. This resulted in a 2009 legislative proposal to amend laws, which would have made it mandatory for transgender people to undergo sterilization (which could have caused further legal complications) in order to change their legal gender. The amendments were, however, rejected by the Saeima (Parliament).[28]

Military service

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See also: Sexual orientation and military service

Lesbians, gays and bisexuals are allowed to serve openly in the Latvian Armed Forces.

Living conditions

[edit]
Europride 2015 in Riga

Only in the capital, Riga, there is a small gay scene. Elsewhere in Latvia, however, the sparse population means there is no gay scene. There are few publicly prominent persons who openly identify themselves as gay or lesbian, for example Latvian American journalist Kārlis Streips, President Edgars Rinkēvičs, and former Deputy Rector of the Riga Graduate School of Law Linda Freimane. In the 2018 parliamentary elections, Rinkēvičs was reelected as Foreign Minister and Marija Golubeva, who would later serve as Minister of Interior, became Latvia's first openly lesbian politician, winning a seat for the Development/For! (AP!) party. AP! has declared itself a "pro-LGBT" party.[29]

Most people in Latvia have prejudices against homosexuality, usually rooted in social conservatism and lingering preconceptions dating from the Soviet period. An example of this is the belief that homosexuality and pedophilia are linked phenomena.[30][31] Such popularly-held anti-gay sentiments had grown increasingly by 2008, exploited by various religious groups[32][33] and politicians.[11]

In 2002, Māris Sants, an openly gay minister, was defrocked and excommunicated from the Evangelical Lutheran Church of Latvia.[34][35] Archbishop Jānis Vanags later declared in a public statement, "Why Māris Sants was fired",[36] that Sants was not removed from office because he was gay, but because he in his sermons publicly promoted, instead of condemning, the "sinful" homosexual "lifestyle". When pastor Juris Cālītis, then also dean of the University of Latvia's Faculty of Theology, not only publicly criticised the improper way in which Sants's case was handled by the Church Synod, but also allowed Sants to co-officiate in a church service, Cālītis, too, was removed from office and expelled from the church by Vanags.[37] This case helped to create a public debate in Latvia regarding the need for legislation to protect LGBT persons from discrimination by employers.

Due to prevailing negative attitudes in society, and particularly the violent actions of a vocal anti-LGBT minority (e.g. National Power Unity), there is a fear that further lobbying for the rights of sexual minorities will provoke an even stronger backlash. In a February 2007 survey of 537 LGBT persons in Latvia, 82% of respondents said they were not in favour of holding the planned Riga Pride and Friendship Days 2007, while only 7% felt that these events would help promote tolerance against sexual minorities.[38] Nevertheless, the event took place in 2007; in contrast with 2005 where counter-protestors greatly outnumbered Pride attendees and in 2006 where the event was banned. It was peaceful and the 500 pride-goers outnumbered around 100 counter-protestors. However, a simultaneous anti-Pride event attracted around 1,000 attendees.[39] In 2015, Europride took place in Riga attracting around 5,000 participants, while a few dozens participated in a protest meeting against the event.[40]

Baltic Pride 2018 was attended by an estimated 8,000 people. The event took place peacefully, with only about a dozen protesters.[41]

LGBT rights movement in Latvia

[edit]
See also: LGBT social movements

Following public manifestations of homophobia surrounding Riga Pride in 2005,[42] some members of the LGBT community, their friends, and family members united to found the organisation Mozaīka ("Mosaic") in order to promote tolerance towards sexual minorities and LGBT rights in Latvian society.[43] In response, an umbrella organisation for co-ordinating anti-LGBT rights activism in Latvia, NoPride, was formed in the run-up to Riga Pride and Friendship Days 2006.

Small town of Smiltene in the eastern part of Latvia also had a peaceful flag protest in early 2024 where multiple small LGBT flags were found in the town.

President of Latvia Edgars Rinkēvičs

[edit]

In June 2023, the parliament of Latvia voted 52/100 to formally elect Edgars Rinkēvičs as president of Latvia, making him the first openly gay head of state in the EU.[44][45]

Public opinion

[edit]

A Eurobarometer survey published in December 2006 showed that 12% of Latvians surveyed supported same-sex marriage and 8% supported same-sex adoption (EU-wide average: 44% and 32%, respectively).[46]

The 2015 Eurobarometer found that 19% of Latvians supported same-sex marriage (EU average: 61%). Additionally, 42% of Latvians believed that gay and lesbian people should enjoy the same rights as straight people and 23% believed that there is nothing wrong about a relationship between two people of the same sex (EU average: 71% and 67%, respectively).[47]

A GLOBSEC survey conducted in March 2023 showed that 40% of Latvians supported same-sex marriage, while 46% were opposed and 14% were undecided.[48]

The 2023 Eurobarometer found that 36% of Latvians thought same-sex marriage should be allowed throughout Europe, and 35% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[49]

Summary table

[edit]
Same-sex sexual activity legal Yes (Since 1992)
Equal age of consent (16) Yes (Since 1999)
Anti-discrimination laws in employment Yes (Since 2006)
Anti-discrimination laws in the provision of goods and services Yes
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2021)[50]
Same-sex marriage No (Constitutional ban since 2006; same-sex marriages performed in the EU recognised for residency purposes since 2018)[22]
Recognition of same-sex couples (e.g. registered partnership) Yes (Since 2024)
Adoption by a single LGBT person Yes
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays, lesbians and bisexuals allowed to serve openly in the military Yes
Transgender people allowed to serve openly in the military No
Right to change legal gender Yes (Gender-affirming surgery required)
Gender self-identification
Right to change legal gender without GRS or forced sterilization No
Right to change legal gender based on self determination No
Intersex minors protected from invasive surgical procedures No
Conversion therapy banned on minors No
Access to IVF for lesbians Yes
Commercial surrogacy for gay male couples No (Banned regardless of sexual orientation)
MSMs allowed to donate blood Yes[51]

See also

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References

[edit]
  1. ^ a b "Saeima pieņem neprecēto pāru partnerības regulējumu; opozīcija mēģinās sarīkot referendumu". LSM.lv. Retrieved 9 November 2023.
  2. ^ Hansford, Amelia. "Latvia legalises same-sex civil partnerships in historic first". PinkNews. Retrieved 10 November 2023.
  3. ^ "Latvia slides down in LGBT+ rights index". Eng.lsm.lv. 1 June 2023. Archived from the original on 1 June 2023. Retrieved 11 June 2023.
  4. ^ "Court recognizes another same-sex couple as legitimate family". Baltic Times. 8 July 2022.
  5. ^ Tapinsh, Aleks (4 June 2007). "Homophobic Attitudes Remain Entrenched". Transitions Online. Archived from the original on 10 July 2007. Retrieved 20 February 2008.
  6. ^ Birnbaum, Michael (6 November 2014). "Gay rights in eastern Europe just took a big step forward". The Washington Post. Archived from the original on 7 November 2014. Retrieved 11 June 2023.
  7. ^ "Country Ranking". Rainbow Europe. May 2021. Retrieved 2 June 2021.
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  11. ^ a b Sheeter, Laura (16 June 2006). "Latvia defies EU over gay rights". BBC News. Archived from the original on 18 June 2006. Retrieved 11 June 2023.
  12. ^ "The Constitution of the Republic". Saeima. Archived from the original on 28 May 2000. Retrieved 11 June 2023.
  13. ^ "Latvijas Republikas Saeima". Archived from the original on 9 December 2008. Retrieved 23 October 2008.
  14. ^ "Spolītis iesniedzis likumprojektu par partnerattiecību legalizāciju". Diena. 30 January 2015. Archived from the original on 2 February 2015. Retrieved 11 June 2023.
  15. ^ DELFI (24 February 2015). "Komisija izbrāķē partnerattiecību legalizēšanu; Spolītis sola turpināt diskusijas".
  16. ^ "Debates: Par un pret partnerattiecību reģistrāciju Latvijā • IRIR.lv". 2 March 2015.
  17. ^ Rauhvargere, Līva (15 May 2015). "Kopdzīves likuma projektu rosina papildināt ar kopdzīves fakta reģistrācijas regulējumu" (in Latvian). lsm.lv. Retrieved 27 June 2015.
  18. ^ "21st century family requires appropriate legal framework". IOI. 31 October 2018. Archived from the original on 11 November 2018. Retrieved 11 June 2023.
  19. ^ "Latvia rejects Unmarried Couple's Law intended for cohabiting partners". Baltic News Network. 20 June 2019.
  20. ^ Dzērve, Laura (20 June 2019). "Neraugoties uz Saeimas balsojumu par Dzīvesbiedru likumu, iniciatori sola neapstāties". Delfi.lv (in Latvian). Archived from the original on 21 June 2019. Retrieved 11 June 2023.
  21. ^ "Civil union law drafted in Latvia". eng.lsm.lv. Retrieved 5 February 2022.
  22. ^ a b "Same-sex spouses have EU residence rights, top court rules". BBC News. 5 June 2018.
  23. ^ Dzērve, Laura (15 June 2018). "ES Tiesas spriedums: laulāto draugu Adriana un Kleija izcīnītā kopābūšana". delfi.lv.
  24. ^ "Civillikums". LIKUMI.LV. Retrieved 10 January 2018.
  25. ^ "Latvian Saeima dictates foreign child adopters have to married in accordance to the Constitution". Baltic News Network. 21 April 2023. Archived from the original on 21 April 2023. Retrieved 11 June 2023.
  26. ^ The text of these amendments is available online at the official website of the Saeima Archived 3 March 2016 at the Wayback Machine and the portal POLITIKA.LV.
  27. ^ "Civilstāvokļa aktu reģistrācijas likums" (in Latvian). Retrieved 27 June 2015.
  28. ^ "Saeima noraida grozījumus dzimuma maiņas reģistrēšanai - LV portāls". lvportals.lv.
  29. ^ "Latvia elects two openly LGBTI politicians for the first time in history". Gay Star News. 8 October 2018. Archived from the original on 31 March 2019. Retrieved 24 October 2018.
  30. ^ "The Homosexual Movement And Pedophilia". No Pride. Archived from the original on 28 September 2007. Retrieved 11 June 2023.
  31. ^ "Gunta Briede: intervija ar geju un lesbiešu gājiena dalībnieci, psiholoģi Jolantu Cihanoviču (fragmenti)". Delfi (in Latvian). 2 September 2005. Archived from the original on 17 June 2016. Retrieved 11 June 2023.
  32. ^ "High Profile Meeting". New Generation Church. 10 March 2007. Archived from the original on 14 October 2008. Retrieved 18 March 2008.
  33. ^ Grew, Tony (9 May 2007). "Cardinal: homosexuality a form of prostitution". Pink News. Archived from the original on 26 September 2011. Retrieved 11 June 2023.
  34. ^ "Latvian Priest strongly supports the Riga Gay Pride". Gay Russia. 17 July 2006. Archived from the original on 23 June 2008. Retrieved 11 June 2023.
  35. ^ Oertel, Barbara (23 July 2007). "Der lange Marsch zum Coming-out". taz. Archived from the original on 7 August 2016. Retrieved 11 June 2023.
  36. ^ Vanags, Jānis (4 June 2002). "Kādēļ atstādināja Māri Santu" (in Latvian). Evangelical Lutheran Church of Latvia. Archived from the original on 9 October 2006. Retrieved 31 August 2009.
  37. ^ Lavrikovs, Juris (17 November 2005). "Leading Latvian pastor excommunicated from the church for supporting gays". ILGA Europe. Archived from the original on 27 September 2007. Retrieved 11 June 2023.
  38. ^ "ILGA-Latvia Survey Working Group, poll conducted 1–28 February 2007". ILGA-Latvia. Archived from the original on 13 July 2006. Retrieved 11 June 2023.
  39. ^ "365gay.com". Archived from the original on 6 June 2007. Retrieved 5 June 2007.
  40. ^ Rozenberga, Māra (20 June 2015). "Eiropraidā piedalījušies 5000 cilvēku; policija aiztur trīs personas" (in Latvian). Retrieved 27 June 2015.
  41. ^ "Around 8,000 people march in Baltic Pride parade in Riga". Xinhua. 9 June 2018. Archived from the original on 13 June 2018.
  42. ^ "Protests disrupt Latvia gay march". BBC News. 23 July 2005. Archived from the original on 29 May 2006. Retrieved 11 June 2023.
  43. ^ "English-language homepage". Mozaīka. Archived from the original on 15 October 2008. Retrieved 11 June 2023.
  44. ^ "Latvian Parliament elects first openly gay president of a Baltic nation". ABC news. 31 May 2023. Archived from the original on 31 May 2023. Retrieved 11 June 2023.
  45. ^ McKee, Jake (31 May 2023). "Latvia elects Edgars Rinkevics as president - the first openly gay head of state in Europe". Pink News. Archived from the original on 31 May 2023. Retrieved 11 June 2023.
  46. ^ "EUROBAROMETER 66 FIRST RESULTS" (PDF). TNS. European Commission. December 2006. p. 80. Retrieved 6 August 2014.
  47. ^ "Special Eurobarometer 437: Discrimination in the EU in 2015" (PDF). European Commission. October 2015. Archived from the original (PDF) on 22 January 2016.
  48. ^ "GLOBSEC Trends 2023" (PDF). GLOBSEC. 2023. p. 75.
  49. ^ "Discrimination in the EU_sp535_volumeA.xlsx [QB15_2] and [QB15_3]" (xls). data.europa.eu. 22 December 2023. Retrieved 29 December 2023.
  50. ^ "Sociālo naidu nosaka par atbildību pastiprinošu apstākli". DELFI. 6 July 2021.
  51. ^ "Asins donora anketa". Valsts Asinsdonoru Centrs. Archived from the original on 6 March 2016. Retrieved 27 September 2011.
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