Lithuania LGBT Laws

The age of consent in Lithuania is 14 years [R1.1].

On 28 January 2016, it was reported that the Migration Department refused to issue a temporary residence permit to a Belarusian man who married his Lithuanian husband in the Netherlands. The men have the option to appeal the decision within 14 days at a regional court. Foreign nationals can apply for residence permits on the basis of family reunification in Lithuania [R1.1].

On 11 January 2019, the Constitutional Court reportedly condemned the routine denial of residency permits for the spouses of gay citizens who married abroad, ruling that the state must grant residence permits to foreign spouses of gay citizens even though same-sex unions are not recognised by law [R2.1].

On 06 November 2018, it was reported that the Lithuanian broadcasters have banned the video by award-winning band Skamp of their new song ”Love Me Like There’s No Tomorrow” because it includes same-sex couples kissing. In 2010, a ‘gay propaganda’ law passed banning any depictions of ‘non-traditional family relationships’ [R1.15].

On 24 November 2013, the Seimas (Lithuanian Parliament) voted to proceed with a consideration of an amendment to the country’s Code of Administrative Offences – submitted by Petras Gražulis in May – that would limit freedom of association, assembly and expression of lesbian, gay, bisexual, trans and intersex (LGBTI) people if it becomes law [R1.14].

In July 2011, a bill before the parliament reportedly would ban discrimination based on sexual orientation, saying “advertising and audiovisual commercial communications must not publish information that humiliates human dignity, discriminating or encouraging discrimination based on …sexual orientation” [R1.13].

In December 2010, the Parliament was considering amendments to the Administrative Code stating that “public promotion of homosexual relations … be punished by a fine from 2,000 to 10,000 litas [£480 to £2,400] [R1.12].

Amnesty International feared the amended law, if passed, would punish almost any public expression or portrayal of, or information about, homosexuality including but not limited to, campaigning on human rights issues relating to sexual orientation and gender identity, providing sexual health information to LGBT people or organising gay film festivals and organising and/or attending Pride events.

In October 2010, the Provision of Information Act came into effect. Article 39 provides:-

“Advertising and audiovisual commercial communication must be decent, fair, and identifiable. Advertising and audiovisual commercial communication must not prejudice respect for human dignity, discrimination on grounds of race, sex or ethnic origin, nationality, citizenship, religion or faith, disability, and age, also must not contain manifestation or promotion of sexual orientation [emphasis added], be offensive to religious or political beliefs, encourage behaviour prejudicial to health and safety, also behaviour largely detrimental to environmental protection” [R1.11].

On 22 December 2009, the Seimas (Parliament), voted 58–4 to remove antigay language in the controversial Law on Protection of Minors against the Detrimental Effect of Public Information that restricted information available to children. The law was revised to ban information “encouraging the sexual abuse of minors, sexual relations between minors, and other sexual relations”. The amended law apparently still bars the promotion of “any concept of the family other than that set down in the constitution,” which defines marriage as a union between a man and a woman [L1.10], [R1.9].

The law comes into effect in March 2010 [R1.8].

Amnesty International argues that “other sexual relations” means that campaigning for gay marriage or civil partnerships will be illegal [R1.8].

On 17 November 2010, Parliament narrowly rejected a bill that would have banned public promotion of homosexual relations on the first reading. The second reading was expected in December [R1.7].

Previously:

On 12 November 2010, parliament decided to push ahead with legislation imposing fines from 2,000 to 10,000 litas (€580–2,900, $792–3,955) for the “public promotion of homosexual relations” [R1.6].

In December 2009, the Human Rights Watch called on Lithuanian lawmakers to remove antigay language as they review the Law on Protection of Minors against the Detrimental Effect of Public Information restricting information available to children [R1.5].

On 21 July 2009, overriding a veto by former president Valdas Adamkus, the Lithuanian parliament approved the Law on Protection of Minors against the Detrimental Effect of Public Information to keep information about homosexuality away from children. It was expected the law will come into force on march 1st. [R1.4].

In late June 2009, President Adamkus vetoed the Law on Protection of Minors against the Detrimental Effect of Public Information. The parliament has the option of over-riding the Presidential veto [R1.3].

In June 2009, parliament approved the ‘Law on the Protection of Minors against the Detrimental Effect of Public Information’ banning information on homosexuality in schools or in media accessible by young people. The bill had not yet been given presidential approval [R1.2].

In December 2008, the Lithuanian parliament accepted amendments to the law on the protection of minors, giving rise to concerns that the law will lead to a ban on gay activities [R1.1] and censorship.

On 23 July 2013, the Vilnius Regional Administrative Court gave final approval, which cannot be appealed, ordering that the City of Vilnius make the final arrangements for the pride march on 25 July [R2.2].

On 05 July 2013, the Vilnius Regional Administrative Court overturned the City of Vilnius’s refusal to issue a permit for the LGBT pride parade, ruling that Baltic Pride 2013 can go ahead at the end of the month (27 July) in the capital Vilnius [R2.1].

There is no recognised form of civil union or registered partners.

On 15 June 2017, the Parliament reportedly voted 59-29 with 20 abstentions against a proposal to amend Lithuania’s Civil Code to give legal status to all couple regardless of gender [R1.2].

On 06 May, the Committee on Legal Affairs of Lithuanian Parliament (Seimas) found that the introduction of a same-sex civil partnerships bill would not breach the country’s constitution [R1.1].

On 28 September 2011, the Constitutional Court ruled the “Family Policy Concept was contrary to the constitution and must be overturned –

“The constitutional conception of family cannot be arisen from the institution of marriage only. … The constitutional conception of family is based on family members’ mutual responsibility, emotional attachment, support and voluntary self-determination to assume certain rights and duties, i.e. content of the relationships; however, the manifestation forms of the relationships are not essentially important to the constitutional conception of family … ” [R2.1].

In July 2011, a bill before the parliament reportedly would ban discrimination based on sexual orientation, saying “advertising and audiovisual commercial communications must not publish information that humiliates human dignity, discriminating or encouraging discrimination based on …sexual orientation” [R1.2].

In June 2008, a new equality law to include sexual orientation, age, disability and religion as grounds of prohibited discrimination stalled in the Parliament because not enough MPs turned up to vote [R1.1].

In 2004, a law banning discrimination based on sexual orientation in employment was passed as an obligation for acceptance into the European Union [R1.1].

On 21 November 2012, Antanas Matulas, the Deputy Chairman of Committee on Health Affairs, has resubmitted a draft amendment to the Civil Code, prohibiting gender reassignment surgeries. At present, the Civil Code provides that an unmarried adult is entitled to undergo gender reassignment surgery if it is possible medically [L1.4], [R1.3].

On 19 July 2012, the Lithuanian Ministry of Justice reportedly had proposed new draft legislation where people who have undergone gender reassignment surgery are to be issued with new identity cards without a lengthy court procedure but at the same time legislators want to remove existing provisions for state sponsored gender reassignment [R1.2].

At present, the civil code provides that any unmarried person of full age is entitled to medical gender reassignment if medically feasible, but a law enforcing this, as suggested by the ECtHR, is missing [R1.2].

On 02 March 2012, the Lithanian Gay League alleged that the government had ignored the 2007 ruling in L v. Lithuania obligating Lithuania to pass a law regulating the procedure and conditions of gender reassignment [C2.2], [R1.1].

On 11 September 2007, the European Court of Human Rights ruled that Lithuania must implement new legislation on gender reassignment or pay damages and that the Court would not re-examine the case of a Lithuanian transsexual who won an order that blocking gender reassignment treatment was a violation of Article 8 (right to respect for private life) of the European Convention on Human Rights [C2.2], [R2.1].

In 1993, consensual sex between same-sex couples was decriminalised [R1.2], [R1.1].

The Constitution defines marriage as a union between a man and a woman [R1.4].

On 15 June 2017, the Parliament reportedly voted 59-29 with 20 abstentions against a proposal to amend Lithuania’s Civil Code to give legal status to all couple regardless of gender [R1.3].

In 2005, a proposal to ban same-sex marriage in Lithuania was said to be unnecessary because such marriages are already unlawful. If passed, the measure would make Lithuania the second European Union state after Latvia to constitutionally ban same-sex marriage [R1.2].

In 2001, the Lithuanian Gays’ League called upon the government to legalize same-sex marriages [R1.1].

On 28 September 2011, the Constitutional Court ruled the “Family Policy Concept was contrary to the constitution and must be overturned –

“The constitutional conception of family cannot be arisen from the institution of marriage only. The institution of family and marriage are intertwined inseparably and unarguably; however, it is only one of the possible forms of family. The constitutional conception of family is based on family members’ mutual responsibility, emotional attachment, support and voluntary self-determination to assume certain rights and duties, i.e. content of the relationships; however, the manifestation forms of the relationships are not essentially important to the constitutional conception of family. Therefore, having defined family as a man’s and woman’s wedlock together with their children or foster-children, Seimas has narrowed the perception of family in terms of the content of the constitutional institute, and has not followed the Constitution, which allows family creation not necessarily on the foundation of wedlock” [R2.1].

In 2007, it was reported that with the Protection of Minors against the Detrimental Effects of Public Information Bill to be introduced to the Lithuanian parliament later in that year, same-sex parents may be banned by law from “promoting” their sexuality to their children [R1.1].

The Bill was subsequently amended and passed on 22 December 2009 and came into effect in March 2010.