Recognition of same-sex unions in Russia
Encyclopedia
Russia
recognizes neither same-sex marriage
nor any other form of civil union
for same-sex couples. However, gay activists claim that a same-sex marriage contracted abroad can legally be recognized in Russia. The Russian legislation has a limitative number of reasons which prevent the recognition of foreign marriage in Russia and a marriage signed by 2 persons of the same sex is not one of them.
of the Soviet Union
, support for legal recognition of same-sex couples is very limited, and as of 2009, the government has yet to signal any signs of support for such legislation.
In 2005, two polls have been conducted in Russia on the issue of same sex marriage. None of the research covered the support for civil union. While, they both give similar results they were conducted by different polling institutes:
launched a campaign for same sex marriage in Russia. He had previously stated in 2005 and again in 2008 that his LGBT Human Rights Project Gayrussia.ru is ready to help a genuine gay or lesbian couples who want to get its family and marriage rights respected in Russia.
On May 12, 2009, a lesbian couple, Irina Fedotova (Fet) and Irina Shipitko applied for marriage at the Tverskoy Office for the Registration of Civil Acts (ZAGS) in the centre of Moscow. The couple's appeal to the Court said: "The Russian Constitution and family laws do not prohibit same-sex marriages." The lesbian couple declared to The New York Times
: "We have love, we have happiness, we want to be together for our whole lives and we want to do this here in Russia."
It was done during the upcoming Slavic Pride and also upcoming Eurovision Song Contest 2009
, both scheduled on May 16 in Moscow. The 2009 edition of Moscow Pride
, renamed as Slavic Pride, took place under the motto "Gay equality - no compromise", postulating the right to adopt children and same-sex marriage. The location of the protest was changed at the last moment to the Vorobyovy Gory viewpoint near Moscow State University
, a popular spot for wedding photographs. This location underlined the motto of the protest.
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 appealed to the Tverskoy District Court against the written denial they received from the Marriage office. Their claim stated: "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 hearing scheduled on August 26, 2009 was postponed to September 9, 2009 and later, October 6, 2009. The Court upheld the decision of the Tverskoy ZAGS and rejected the arguments of the couple. Nikolai Alekseev told journalists that the case will be appealed up to Supreme Court and to the European Court of Human Rights. Caroline Mecary -a French lawyer who defend a French gay couple in a similar case at the European Court, said in June 2009 that she will take the case of the Russian couple to Strasbourg. Nikolai Alekseev, who acted as the lawyer of the lesbian couple, told the journalist that his organization will help the couple to legally register their marriage in Canada in October 2009 and later seek its legal recognition in Russia.
The couple has announced their intent to marry in Toronto, Canada
on 23 October 2009, where same-sex marriage is opened for non-residents and later pursue legal recognition of their union from the Russian government.
The couple entered into same-sex marriage as planned on October 23. The ceremony was celebrated by first Canadian openly gay Judge Harvey Brownstone
. Numerous media and local activists were present at the ceremony during which Irina Fedotova-Fet and Irina Shipitko exchanged vows. The newly wed couple received their marriage certificate which they intend to use upon their return to Russia to have their Canadian marriage also recognized in their home country.
While the Family Code limits marriage to opposite-sex couples in Russia, there is a loophole in terms of the recognition of foreign marriages, where the basis of gender is not specified. The couple together with their lawyer Nikolai Alekseev as well as local activists hosted a press conference at the Toronto City Hall before the ceremony during which Canadian gay activists spoke about their struggle for marriage equality stressing the importance of supporting similar movements in other countries, including Russia.
On 21 January 2010, the Moscow City Court upheld the decision of the Tverskoy District Court of 6 October 2009. In July 2010 Irina Fedotova (Fet) and Irina Shipitko launched their complaint against Russia at the European Court of Human Rights.
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
recognizes neither same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
nor any other form of civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
for same-sex couples. However, gay activists claim that a same-sex marriage contracted abroad can legally be recognized in Russia. The Russian legislation has a limitative number of reasons which prevent the recognition of foreign marriage in Russia and a marriage signed by 2 persons of the same sex is not one of them.
Attitude of Russians towards same-sex marriage
According to the majority of the former republicsRepublics of the Soviet Union
The Republics of the Soviet Union or the Union Republics of the Soviet Union were ethnically-based administrative units that were subordinated directly to the Government of the Soviet Union...
of the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, support for legal recognition of same-sex couples is very limited, and as of 2009, the government has yet to signal any signs of support for such legislation.
In 2005, two polls have been conducted in Russia on the issue of same sex marriage. None of the research covered the support for civil union. While, they both give similar results they were conducted by different polling institutes:
- In January, a poll conducted by the All-Russian Public Opinion Research Center showed that only 14% of Russians support same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, with an additional 17% divided on the issue. In comparison, 59% of Russians oppose legal recognition of same-sex marriage, with 25% of respondents choosing "somewhat disagree" and an additional 34% of those polled "completely disagreed." An extra 10% of those polled chose "hard to answer." The poll did not cover support for civil unions. - In April, a public opinion poll ordered by the LGBT Human Rights Project Gayrussia.ru and realized by the Public Opinion Organization Levada CenterLevada CenterLevada Center is a Russian independent, non-governmental polling and sociological research organisation. It is named after its founder, the first Russian professor of sociology Yuri Levada . Levada Center traces back its history to 1987 when VCIOM was founded, originally headed by Academician...
showed that 73,4% of Russians are against the legalization of same-sex marriages against 14.3% supporting it. - Same sex partners of foreign diplomats are in practice granted accreditation as "family members" in Russia.
Same-sex marriage campaign in Russia
In April 2009, Nikolai AlekseevNikolai Alekseev
Nikolay Alexandrovich Alexeyev, also written in English as Alekseyev, Alekseev and Alexeev born on December 23, 1977 in Moscow) is a Russian LGBT rights activist, lawyer and journalist....
launched a campaign for same sex marriage in Russia. He had previously stated in 2005 and again in 2008 that his LGBT Human Rights Project Gayrussia.ru is ready to help a genuine gay or lesbian couples who want to get its family and marriage rights respected in Russia.
On May 12, 2009, a lesbian couple, Irina Fedotova (Fet) and Irina Shipitko applied for marriage at the Tverskoy Office for the Registration of Civil Acts (ZAGS) in the centre of Moscow. The couple's appeal to the Court said: "The Russian Constitution and family laws do not prohibit same-sex marriages." The lesbian couple declared to The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
: "We have love, we have happiness, we want to be together for our whole lives and we want to do this here in Russia."
It was done during the upcoming Slavic Pride and also upcoming Eurovision Song Contest 2009
Eurovision Song Contest 2009
The Eurovision Song Contest 2009 was the 54th edition of the Eurovision Song Contest and was hosted by Russia after their win in 2008. It took place between 12 and 16 May 2009 at the Olympic Indoor Arena in Moscow, Russia....
, both scheduled on May 16 in Moscow. The 2009 edition of Moscow Pride
Moscow Pride
Moscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
, renamed as Slavic Pride, took place under the motto "Gay equality - no compromise", postulating the right to adopt children and same-sex marriage. The location of the protest was changed at the last moment to the Vorobyovy Gory viewpoint near Moscow State University
Moscow State University
Lomonosov Moscow State University , previously known as Lomonosov University or MSU , is the largest university in Russia. Founded in 1755, it also claims to be one of the oldest university in Russia and to have the tallest educational building in the world. Its current rector is Viktor Sadovnichiy...
, a popular spot for wedding photographs. This location underlined the motto of the protest.
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 appealed to the Tverskoy District Court against the written denial they received from the Marriage office. Their claim stated: "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 hearing scheduled on August 26, 2009 was postponed to September 9, 2009 and later, October 6, 2009. The Court upheld the decision of the Tverskoy ZAGS and rejected the arguments of the couple. Nikolai Alekseev told journalists that the case will be appealed up to Supreme Court and to the European Court of Human Rights. Caroline Mecary -a French lawyer who defend a French gay couple in a similar case at the European Court, said in June 2009 that she will take the case of the Russian couple to Strasbourg. Nikolai Alekseev, who acted as the lawyer of the lesbian couple, told the journalist that his organization will help the couple to legally register their marriage in Canada in October 2009 and later seek its legal recognition in Russia.
The couple has announced their intent to marry in Toronto, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
on 23 October 2009, where same-sex marriage is opened for non-residents and later pursue legal recognition of their union from the Russian government.
The couple entered into same-sex marriage as planned on October 23. The ceremony was celebrated by first Canadian openly gay Judge Harvey Brownstone
Harvey Brownstone
-Early life and education:Brownstone was born on July 24, 1956 in Paris, France, and was raised in Hamilton, Ontario. He attended Scott Park Secondary School and received his LL.B...
. Numerous media and local activists were present at the ceremony during which Irina Fedotova-Fet and Irina Shipitko exchanged vows. The newly wed couple received their marriage certificate which they intend to use upon their return to Russia to have their Canadian marriage also recognized in their home country.
While the Family Code limits marriage to opposite-sex couples in Russia, there is a loophole in terms of the recognition of foreign marriages, where the basis of gender is not specified. The couple together with their lawyer Nikolai Alekseev as well as local activists hosted a press conference at the Toronto City Hall before the ceremony during which Canadian gay activists spoke about their struggle for marriage equality stressing the importance of supporting similar movements in other countries, including Russia.
On 21 January 2010, the Moscow City Court upheld the decision of the Tverskoy District Court of 6 October 2009. In July 2010 Irina Fedotova (Fet) and Irina Shipitko launched their complaint against Russia at the European Court of Human Rights.
See also
- LGBT Human Rights Project Gayrussia.ru
- LGBT rights in Russia
- LGBT culture in RussiaLGBT culture in RussiaAlthough life in modern Russia allows many more liberties for gays and lesbians than it did before the Revolutions of 1989, unofficial discrimination and fear are still rampant. "It would be foolish to interpret some new freedoms as tolerance," said Igor Kon, a sociologist who is Russia's...
- Moscow PrideMoscow PrideMoscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
- Nikolai AlekseevNikolai AlekseevNikolay Alexandrovich Alexeyev, also written in English as Alekseyev, Alekseev and Alexeev born on December 23, 1977 in Moscow) is a Russian LGBT rights activist, lawyer and journalist....
External links
- | Same-Sex Marriages Inside the Closet: Deconstruction of Gay and Lesbian Discourses in Russia
- French Wikipedia about Caroline Mecary