Recognition of same-sex unions in Armenia

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Marriage
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Common-law marriage
Minimal recognition
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Notes
  1. Performed statewide in 24 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in the five Caribbean overseas territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
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Same-sex marriage and civil unions are not legal in Armenia. On 3 July 2017, the Ministry of Justice announced that all marriages performed abroad are valid in Armenia, including marriages between people of the same sex, though as of 2021 no same-sex marriages had been recognized.[1][2] The Constitution of Armenia is believed to limit marriage to opposite-sex couples.[3][4]

History[]

Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.
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Same-sex marriage[a] is not legal in Armenia and there is little public debate surrounding the issue. The Government of Armenia has close ties with the Armenian Apostolic Church, which opposes same-sex marriage. Civil unions, which would offer some of the rights of marriage, are also not recognized in Armenia.

In 2006, a same-sex couple celebrated an informal wedding ceremony at the Etchmiadzin Cathedral in Vagharshapat.[5][6] The article published about this improvised marriage in "168 Zham" (168 Hours) newspaper provoked a scandal and indignation of local conservative media outlets, politicians and religious officials.[7]

In August 2019, the Minister of Justice, Rustam Badasyan, stated that Armenia does not recognize same-sex marriages "despite Armenia signing the Istanbul Convention". However, Badasyan also stated that same-sex cohabitation is permitted and that violence against any person is "unacceptable".[8]

Constitutional amendment (2015)[]

The Constitution of Armenia was amended in a constitutional referendum in 2015 to read:[9][3]

"Article 35. Freedom to Marry
1. A woman and a man having attained the marriageable age shall have the right to marry and form a family with free expression of their will. The marriageable age and the procedure for marriage and divorce shall be prescribed by law.
2. A woman and a man are entitled to equal rights as to marriage, during marriage and at its dissolution.
3. Freedom to marry may be restricted only by law with the aim of protecting health and morals."

Many politicians have stated that the constitutional wording bans same-sex marriage.[10][11] On the other hand, members of the Venice Commission, when analyzing the draft constitution, said that the wording "should not be interpreted as a legal obstacle to the recognition of same-sex marriages". Argam Stepanyan, the head of the Civil Status Acts Registration Agency, a division of the Ministry of Justice, later said in an interview that there is no constitutional prohibitions on same-sex marriage in Armenia.[12] Several politicians and human rights activists have said that the wording "notes" the right of a man and a woman to marry, but does not explicitly state that marriage is a between a man and a woman.

Legal restrictions[]

Article 10 of the Family Code, adopted in 2004, states that marriage requires "the mutual voluntary consent of a man and a woman". On 18 October 2017, Deputy Tigran Urikhanyan of Prosperous Armenia introduced a bill to introduce a more explicit ban on same-sex marriages in the Family Code.[13] On 15 November 2018, the Armenian Government rejected the bill, stating that the provisions of the Family Code already prevent the recognition of same-sex marriages.[14][15][16] Article 11 of the Family Code, which lists several outlawed marriages (including bigamy, marriages between close relatives and marriages between adopters and adopted), does not contain explicit prohibitions on marriages between people of the same sex.[17] The National Assembly rejected the bill in November 2019, labelling it "redundant", while also rejecting a bill which would have explicitly banned adoption by same-sex couples.[18]

Recognition of marriages performed abroad[]

On 3 July 2017, the Ministry of Justice announced that all marriages performed abroad are valid in Armenia, including marriages between people of the same sex. According to the Family Code, marriages between Armenian citizens, those between Armenian citizens and foreigners or stateless persons, which have been registered outside Armenia, are valid inside the country after consular legalization. The code makes no reference to the sexes of the married partners and stipulates that marriages registered in another country, which are in line with that particular state's legislation, are valid in Armenia.[1][19][2][20] However, the Statistical Committee of Armenia has not documented a single case of recognition of a foreign same-sex marriage.[21] It is not known if recognition would give such couples all the rights of marriage under domestic law.

See also[]

Notes[]

  1. ^ Armenian: Նույնասեռ ամուսնություն, nuynaseṙ amusnutʿyun, pronounced [nujnɑˈsɛr ɑmusnuˈtʰʏn]

References[]

  1. ^ a b "Same-sex marriages registered abroad are valid in Armenia".
  2. ^ a b "Father Vazken Movsesian Joins Equality Armenia Board". Asbarez. November 28, 2017.
  3. ^ a b Armenian Constitution of 2015
  4. ^ Human Rights Situation in Armenia 2015 was a regressive year for LGBT people's rights in Armenia, since the newly accepted Constitution restricted marriage as a union only between a man and a woman
  5. ^ ""Love and Loyalty": Marriage in secret, in an environment of fear - Features - ArmeniaNow.com". Retrieved 23 August 2015.
  6. ^ "GAYRUSSIA - Равные права без компромиссов". Retrieved 23 August 2015.
  7. ^ "GAYRUSSIA - Равные права без компромиссов". Archived from the original on 2 December 2007. Retrieved 23 August 2015.
  8. ^ "Глава Минюста Армении исключил, что государс��во признает однополые браки после рати". Panorama (in Russian). 26 August 2019.
  9. ^ "Constitution of Armenia". president.am.
  10. ^ "«Менее равные»: ЛГБТИ-правозащитники в Армении, Беларуси, Казахстане и Кыргызстане" (PDF). Amnesty International (in Russian). p. 75.
  11. ^ "Armenian Constitution to ban same-sex marriage". Radio Liberty. 4 September 2015.
  12. ^ "Европейские эксперты считают, что однополые браки в Армении можно разрешить". ИА REGNUM (in Russian). 27 August 2015.
  13. ^ "Tsarukyan faction lawmaker introduces bill on banning same-sex marriages in Armenia". Aysor.am. 18 October 2018.
  14. ^ "Armenia's legislation already bans same-sex marriages, no additional changes necessary: acting deputy minister". Aysor.am. 15 November 2018.
  15. ^ "Armenia Cabinet rejects initiative on same-sex marriages". Armenia News. 15 November 2018.
  16. ^ "Cabinet rejects bill on banning same-sex marriage citing existing prohibition in Constitution". ArmenPress. 15 November 2018.
  17. ^ "ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅԱՆ ԸՆՏԱՆԵԿԱՆ". arlis.am (in Armenian).
  18. ^ Khulian, Artak (12 November 2019). "Armenian Parliament Refuses To Hear Bill Banning Same-Sex Marriage". RadioFreeEurope/RadioLiberty.
  19. ^ Dawn Ennis (December 5, 2017). "Orthodox Christian Cleric Supports Same-Sex Marriage in Armenia". Los Angeles Blade.
  20. ^ "Armenia Recognizes Same-Sex Marriages Performed Abroad". NewNowNext.com. 4 July 2017.
  21. ^ Vic Gerami (2019-02-19). "'You have no right to call yourself Armenian' Say Gay Man's Attackers". The Armenian Weekly. Retrieved 2019-03-06.
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