Partial Victory for LGBTQ+ Rights in Romania

Romania’s Constitutional Court in Bucharest ruled that gay couples have the same family rights as straight couples on September 27, according to the Washington Post. The vote will not affect marriage rights, as the Romanian Civil Code clarifies that the term spouse refers to a heterosexual pairing, noted Balkan Insight.

In its decision, the court cited Article 7 of the EU Charter of Fundamental Rights, Article 8 of the European Convention for the Protection of Human Rights, and Article 26 of Romania’s Constitution.

The decision comes ahead of a constitutional referendum planned for October 6-7 to define marriage as between opposite sexes. Currently, Article 48 of the Romanian Constitution speaks of a “marriage of the spouses.” Should the measure pass, Human Rights Watch says, “the spouses” will be rephrased to say “a man and a woman.”

Per Reuters, the planning process began in September 2017 after the advocacy group Coalition for the Family collected 3 million signatures in favor of the amendment. Social Democratic Party leader Liviu Dragnea planned to hold the referendum that fall, but the date was not finalized until September 1, 2018, according to Digi 24.

This is not the first time a country has held a vote to exclude same-sex couples from marriage rights. The Guardian reports that Croatia held a similar referendum in 2013, in which 65 percent of voters supported a ban.

Unlike Croatia, which Balkan Insight says granted same-sex couples equality in everything but adoption under the 2014 Same Sex Life-Partnership Act, Romania remains among a few EU member states to offer no form of recognition for gay couples.

Romania is deeply religious—Pew found that 64 percent of Romanians are absolutely certain of God’s existence, the highest in the EU and among the highest in all of Europe, and 82 percent believe that homosexuality is morally wrong. In 2017, Romania received a D rating on the Global Barometer of Gay Rights, indicating intolerant attitudes and policies towards homosexuals in the country, according to the Conversation.

The Romanian Orthodox Church endorsed the upcoming ballot. According to Romania Insider, Patriarch Daniel, head of the Church, said that participation is a “patriotic, national and profoundly democratic act” and condemned the opposition.

Opponents of the referendum include the Evangelical Church of Augustan Profession, a German-speaking Protestant Church tied to the Transylvanian Saxon minority. The church suggested that the initiative is intended to draw attention away from institutional problems that are rampant in Romania’s government, as reported by the AP.

Balkan Insight reports that the referendum is estimated to cost 43 million Euros, which critics propose ought to be invested in Romania’s crumbling public services. Romania spends less on health and education than any other EU country, and its infant mortality rate is double the EU average.

Romanian President Klaus Iohannis — a Transylvanian Saxon himself — has also criticized the referendum. Reuters reports that he expressed support for tolerance of minorities and repudiated religious fundamentalism.

Although prominent LGBT rights group Accept has celebrated the Constitutional Court’s decision as proof that the referendum is unnecessary, it remains to be seen whether the Court’s ruling will translate into increased protections for gay couples in the country.