Czech lawmakers expand same-sex partnership rights but reject marriage equality

Campaigners have been left disappointed after Czechia has fallen short of legalising same-sex marriage.

The UNESCO world heritage town of Cesky Krumlov in the Czech Republic.
Image: unsplash.com, Czechia approves same-sex partnerships, but fails to include LGBTQ+ adoption rights.

The Czech Chamber of Deputies approved a motion to amend the country’s Civil Code yesterday, February 28, to allow same-sex couples more rights under legal partnerships. However, lawmakers stopped short of approving marriage equality, and those in same-sex partnerships in Czechia will not benefit from all of the same rights as those in heterosexual unions. 

For example, under the amended Civil Code, those in same-sex partnerships are barred from adopting children unless one party is the biological parent of the child in question. Under the proposed bill, a child’s biological parent must first establish sole custody, before their same-sex partner can begin the process of co-adopting. Once the biological parent has been granted full parental rights, then a secondary adoption process would occur to allow the same-sex partner to co-adopt. 

Months of debate preceded Wednesday’s vote to amend the Civil Code, in which Josef Bernard, one of the bill’s sponsors, said: “The existing registered partnership institution is not satisfactory. It should be expanded, on that there is agreement in the lower house.” 

While the expansion of same-sex partnership rights in Czechia might initially seem like a win for LGBTQ+ people in the central European country, many are unhappy with the Chamber of Deputies’ decision to downgrade the amendment from its original intent to legalise same-sex marriage

Jsme fér (translated as “We are fair”), a Czech campaign promoting the legalisation of marriage and adoption for same-sex couples, responded to the Chamber of Deputies’ decision, arguing that the prolonged adoption process could result in undue psychological distress as well as an administrative burden for the country’s courts. 

“Marriage for all couples was not accepted. It is a sad day for thousands of families with children who have two moms or two dads and hundreds of thousands of LGBT people. It is a sad day for justice and equality in our country,” Jsme fér added in a post on X. 

 

Klára Šimáčková Laurenčiková, the Czech Government Human Rights Commissioner, similarly expressed disappointment following Wednesday’s vote: “In terms of equality, the marriage-for-all option would be optimal. I believe that in the future, the Czech Republic will legalize marriage for all. It is a pity that this has not already been done. I think we need to try again and look to countries that have already legalized marriage for all. They declare clearly positive experiences.” 

Laurenčiková added that the majority of Czech society supported legalising marriage for all. While this is true, public opinion surrounding the LGBTQ+ community in Czechia is less than ideal. According to a 2023 opinion poll from the CVVM agency, approximately only 58% of Czechs believe that same-sex couples should be able to marry, with even fewer believing that members of the LGBTQ+ community should be able to adopt children. 

Following its approval at the Czech Chamber of Deputies, the bill will now be passed on to the Czech Senate, the upper Chamber of the Czech parliament. 

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