While some public figures, human rights experts and politicians welcome the decision and call it historic, others are sceptical.
The previous government asked the Constitutional Court in May last year to assess the constitutionality of the legal situation regarding the institution of partnership.
The request asked for an assessment of two provisions of the Civil Code. Firstly, the CC asked whether a provision stipulating that only a partnership between a man and a woman is possible is compatible with the Constitution.
A question was also raised about the section of the Code that provides that the provisions of the law on cohabitation without registration of the marriage enter into force when the law on partnership is adopted.
The CC has now indicated that, following this decision, same-sex couples can apply to the court to register a partnership.
Jūratė Juškaitė, head of the Lithuanian Centre for Human Rights, called the ruling historic.
„It will be interesting to see the practical implications of this decision. In principle, if the court agrees to register a partnership, all provisions of the legislation that refer to a 'registered partnership' should come into force for partners in a registered partnership.
We still have a long way to go, but the light at the end of the tunnel is already visible,“ wrote the Director of the Centre for Human Rights on Facebook.
„Same-sex families are families,“ also posted Tomas Vytautas Raskevičius, Chairman of the Freedom Party and former Chairman of the Seimas Human Rights Committee.
Dainius Žalimas, former President of the Court and MEP, also reacted to the CC decision.
„I am pleased that the path towards the recognition and protection of all families – including same-sex couples – which was started by the CC ruling of 11 January 2019, is today at its logical conclusion. Ever since then, a plan to introduce same-sex partnerships through a CC ruling has been maturing, because I did not believe that the Parliament would be able to do it. Today, this plan has been implemented.
It does not matter who implemented it. We must be grateful to all those who took up this idea, believed in it wholeheartedly and defended it. It is also good that the CC has confirmed all the arguments with which the government representatives that approached the CC were able to convince them.
As of today, same-sex couples can apply to the courts to have their partnership registered. Of course, this institution still needs to be improved, but the victory has been won. I will comment on the CC ruling in more detail later,“ wrote Žalimas.
Viktorija Čmilytė-Nielsen, leader of the Liberal Movement, wished that the CC ruling would finally encourage parliamentarians to legalise partnerships.
„Although there is a bitterness that Lithuania is choosing the most challenging path for the human rights agenda – the path of the courts. We have already seen decisions on marriage, maternity, and surnames. Now we have another clear decision – from the Constitutional Court – saying that the institution of partnership must exist and be gender neutral.
I first submitted a draft for legalising gender-neutral partnerships to Parliament in 2017. At that time, it had the support of less than a fifth of the Seimas members. This CC decision is yet another call for „yet another“ Seimas to stop procrastinating, regulate same-sex and different-sex partnerships, and ensure that all couples are duly respected by the state.
I hope that today's decision will encourage both the Social Democrats and all our colleagues in the Seimas and that together, we will take the final, third step towards the adoption of civil partnerships. After the Constitutional Court's decision, there should be no doubt that this issue must be on the agenda of the Parliament. And we should not remain the last idolaters in Europe, afraid of old shadows and complexes“, wrote Čmilytė-Nielsen.
Some are disappointed by the CC's decision. Agnė Širinskienė, a member of the Democratic Union Vardan Lietuvos (In the Name of Lithuania), was not surprised by the decision. She said that to solve this problem, the Seimas should adopt the law on close communication proposed by parliamentarian Paulius Saudargas.
„Such a decision was to be expected. It is obvious that the appeal was made only to have a formal decision of the CC and then to use it as a political argument in the Seimas to pressure colleagues to vote for the „libertarians“ project. The decision did not say anything new,“ Širinskienė said.
„I would have thought that if the proximity project had been chosen, a consensus in the Chamber would have been reached already in the last parliamentary term, and we would have taken this decision,“ she stressed.
Remigijus Žemaitaitis, Chairman of Nemuno Aušra (Dawn of Nemunas), believes that such a decision will shock a large part of the country's population that supports traditional values.
„I think that this decision will shock most of society, that is, those who support traditional families and values,“ Žemaitaitis commented.
The politician also stresses that the current composition of the CC is strongly liberalised.
„We can see that the CC has changed a lot – it is strongly liberal. And the liberal flank, which is completely deviating from the fundamental family values, we are going to the other side, and now, unfortunately, we have what we have“ – the MP shared his opinion.
However, he said that the CC decision does not mean legalising partnerships in Lithuania will be easy.
„It does not mean that Pandora's box has been opened in Lithuania and now every one of the same sexes will be able to register a partnership and live in it; there is no such regulation. Here, everything will come down to the will of the Parliament. And if the Seimas decides to amend the Civil Code and adopt a special law, it will probably have to merge the two laws,“ Žemaitaitis said.
„The decision of the Constitutional Court does not oblige the Seimas to change this. This should be known. And the Seimas can do absolutely nothing and do nothing.
This decision can only be followed in individual courts. If Petras and Antanas now decide to enter into a partnership and appeal to the Supreme Administrative Court, then individual legislation will be possible in such a case,“ the politician also emphasised.
The CC ruling on the partnership will not change the principles established in the Conservative Party, says Laurynas Kasčiūnas, who leads the right-wing party.
„I can say that, as has been the case in our political force, the principle of agreeing to disagree remains,“ the politician said.
„We respect the interpretation of the Constitutional Court, but at the same time, our group has different opinions on this issue. We will certainly analyse the decision now and put forward our arguments,“ Kasčiūnas said.