New Civil Code introduces express ban on same sex marriage

Alert DateOctober 1, 2011 Country: Romania General Type: Discrimination Racism and discrimination phenomena: Homophobia
Groups affected / Interested in: Lesbian, Gay, Bisexual and Transgender Key socio-economic/institutional areas: Integration - social cohesion, Daily life
Victims Data
Victims Nationality/Ethnic Origin N/A
Victims Gender N/A
Victims Age N/A
Victims Number N/A
Fatalities - deaths N/A
Perpetrators Data
Perpetrators Nationality/Ethnic Origin N/A
Perpetrator Gender N/A
Perpetrator Age N/A
Perpetrators Number N/A
Extremist/Organised Group Violence No

The new Romanian Civil Code which entered into force on October 1st 2011, expressly forbids marriage between persons of the same sex and specifies that marriages between persons of the same sex closed or contracted by Romanian or foreign citizens in a different state, are not recognized in Romania and that civil partnerships closed or contracted between persons of the same or opposite sex, by Romanian or foreign citizens in a different state are also not recognized in Romania. It also defines marriage as closed between a man and a woman. [1]

Previous to this Code, relevant legal definitions spoke of family in gender neutral terms as “based on marriage between spouses”. Although it was generally interpreted as heterosexual marriage, marriage did not expressly exclude same sex marriage. Partnerships were still not recognized. [2]

 

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