LGBTQ rights in Latvia

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LGBTQ rights in Latvia
Military
Gays, lesbians and bisexuals allowed to serve openly
Discrimination protectionsSexual orientation protections in employment (see below)
Family rights
Recognition of relationshipsJudicial recognition since 2022;
Civil partnerships since July 2024[1]
RestrictionsSame-sex marriage constitutionally banned
AdoptionNo joint adoption by same-sex couples

bisexual, and transgender (LGBTQ) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents.[1][2][3] Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. In November 2023 registered partnerships were codified into law. These partnerships are available to both same and different sex couples - since July 1, 2024 the implemented registered partnership law has the similar rights and obligations as married couples - with the exception of the title of marriage, and adoption or inheritance rights.[4]

The democratization process in Latvia has allowed lesbians and gays to establish organizations and infrastructural elements such as bars, clubs, stores, libraries, etc. Cultural, educational and other events can be held. However LGBT people in Latvia continue to face widespread discrimination in society.[5][clarification needed] In November 2014, Foreign Minister Edgars Rinkēvičs came out via Twitter, becoming the first openly LGBT elected official in the country.[6] In July 2023, Rinkēvičs was promoted to become president of Latvia. In 2023, ILGA-Europe ranked Latvia 24th out of 27 European Union countries for the protection of LGBT rights.[7] Latvia is the only Baltic country and Northern European country which does not fully ban all anti-gay discrimination.

Law regarding same-sex sexual activity

In 1992, soon after Latvia regained independence from the Soviet Union, homosexuality was decriminalized.[8] In 1999, the age of consent was equalized and set at 16, regardless of gender and/or sexual orientation.[9]

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in Latvia

Latvia does not recognise same-sex marriage, however, civil unions were legalized in 2023, taking effect from July of 2024.[10] The implemented registered partnership law has similar rights and obligations as married couples - with the exception of adoption and inheritance rights.

In 2006, Latvia amended its Constitution to prohibit same-sex marriage.[11] Article 110 of the Latvian Constitution formerly read, "The State shall protect and support marriage, the family, the rights of parents and rights of the child. The State shall provide special support to disabled children, children left without parental care or who have suffered from violence."[12] The first sentenced of Article 110 was amended to read: "The State shall protect and support marriage – a union between a man and a woman, the family, the rights of parents and rights of the child."[13]

On 30 January 2015, an MP submitted a proposal for a partnership law, which would have allowed "any two persons" to register a partnership. This would have given cohabiting couples almost the same benefits and obligations as marriage.

Unity Party member, Ilze Viņķele, has since promised to develop and submit a brand new draft law.[16] In March 2015, a public petition was started by minor party For Latvia's Development for adopting a partnership law, which would provide for the recognition of registered and unregistered partnerships between couples of any sex.[17] In October 2018, the Ombudsman called on lawmakers to pass a partnership law for both opposite-sex and same-sex couples, citing statistics that showed that about half of Latvian children are born out of wedlock, and that these families should enjoy legal protections and rights.[18] On 20 June 2019, Saeima MPs voted against sending the partnership bill to further discussion and review in parliamentary commissions. Only 23 members voted for the bill, 60 voted against it and one member abstained.[19] Supporters of the bill have said that they will persevere and try to persuade deputies to discuss it again in the future.[20] In 2022, following a 2020 court ruling in favor of parental leave rights for same-sex couples, the Justice Ministry introduced a draft law that would create civil unions, giving same-sex couples some of the same rights and responsibilities as marriage.[21]

In June 2018, the European Court of Justice ruled that EU members states must grant married same-sex couples, where at least one partner is an EU citizen, full residency rights and recognise their freedom of movement.[22] No other rights of marriage are conferred to the couple.[23]

Party positions on partnership law

Party In favour Seats in the Saeima Position
  Social Democratic Party "Harmony" Partially 0 Extraparliamentary opposition
 
Who Owns the State?
 No 0 Extraparliamentary opposition
 
New Conservative Party
 Yes 0 Extraparliamentary opposition
  Development/For! Yes 0 Extraparliamentary opposition
  National Alliance No 13 Opposition
  Union of Greens and Farmers Yes 16 Coalition
  New Unity Yes 26 Coalition
  United List No 15 Opposition
  Latvian Russian Union No 0 Extraparliamentary Opposition
  The Progressives Yes 10 Coalition
 
For Latvia from the Heart
 No 0 Extraparliamentary Opposition

Adoption and family planning

Latvian law allows any person over 25 to adopt. However, persons who are not married to each other may not adopt the same child.[24] This means that for unmarried couples only one partner may adopt a child. However, lesbian couples can get access to IVF and assisted insemination treatment.

In April 2023, the Saeima passed a series of amendments to the Law on the Protection of the Children's Rights to ban the adoption of Latvian children by foreign same-sex couples.[25]

Discrimination protections

In September 2006, Latvia's Parliament, the Saeima, passed amendments to the Labour Code (Latvian: Darba likums) prohibiting discrimination on the basis of sexual orientation in the workplace. The Saeima had initially omitted such protections, but President Vaira Vīķe-Freiberga refused to sign the bill until it was added.[26]

Gender identity and expression

See also:
Transgender rights

It is possible to

surgically affirm gender in Latvia and to legally change identity to reflect this. Latvian law does not define "sex change", but a medical certificate must be submitted to the authorities in order to legally change gender.[27] However, in 2004, authorities denied a change of legal identity to a transgender person who had undergone a partial sex change. The person, who reported having knowledge of another case in which their legal sex was changed after a partial sex change, took legal action. The Supreme Court of Latvia ruled in 2008, that in this particular case, legal identity should have been changed as the authority had done so in similar cases and the person, already presenting as male, might face a variety of issues having to legally identify as female. This resulted in a 2009 legislative proposal to amend laws, which would have made it mandatory for transgender people to undergo sterilization (which could have caused further legal complications) in order to change their legal gender. The amendments were, however, rejected by the Saeima (Parliament).[28]

Military service

See also:
Sexual orientation and military service

Lesbians, gays and bisexuals are allowed to serve openly in the Latvian Armed Forces.

Living conditions

Europride 2015 in Riga

Only in the capital,

Minister of Interior, became Latvia's first openly lesbian politician, winning a seat for the Development/For! (AP!) party. AP! has declared itself a "pro-LGBT" party.[29]

Most people in Latvia have prejudices against homosexuality, usually rooted in

are linked phenomena.[30][31] Such popularly-held anti-gay sentiments had grown increasingly by 2008, exploited by various religious groups[32][33] and politicians.[11]

In 2002, Māris Sants, an openly gay minister, was defrocked and excommunicated from the Evangelical Lutheran Church of Latvia.[34][35] Archbishop Jānis Vanags later declared in a public statement, "Why Māris Sants was fired",[36] that Sants was not removed from office because he was gay, but because he in his sermons publicly promoted, instead of condemning, the "sinful" homosexual "lifestyle". When pastor Juris Cālītis, then also dean of the University of Latvia's Faculty of Theology, not only publicly criticised the improper way in which Sants's case was handled by the Church Synod, but also allowed Sants to co-officiate in a church service, Cālītis, too, was removed from office and expelled from the church by Vanags.[37] This case helped to create a public debate in Latvia regarding the need for legislation to protect LGBT persons from discrimination by employers.

Due to prevailing negative attitudes in society, and particularly the violent actions of a vocal anti-LGBT minority (e.g.

Europride took place in Riga attracting around 5,000 participants, while a few dozens participated in a protest meeting against the event.[40]

Baltic Pride 2018 was attended by an estimated 8,000 people. The event took place peacefully, with only about a dozen protesters.[41]

LGBT rights movement in Latvia

See also:
LGBT social movements

Following public manifestations of

Riga Pride and Friendship Days
2006.

The town of Smiltene in the Vidzeme region, Smiltene Municipality, also had a peaceful flag protest in early 2024, where multiple small pride flags were found in the area.

President of Latvia Edgars Rinkēvičs

In June 2023, the

parliament of Latvia voted 52/100 to formally elect Edgars Rinkēvičs as president of Latvia, making him the first openly gay head of state in the EU.[44][45]

Public opinion

A Eurobarometer survey published in December 2006 showed that 12% of Latvians surveyed supported same-sex marriage and 8% supported same-sex adoption (EU-wide average: 44% and 32%, respectively).[46]

The 2015 Eurobarometer found that 19% of Latvians supported same-sex marriage (EU average: 61%). Additionally, 42% of Latvians believed that gay and lesbian people should enjoy the same rights as straight people and 23% believed that there is nothing wrong about a relationship between two people of the same sex (EU average: 71% and 67%, respectively).[47]

A GLOBSEC survey conducted in March 2023 showed that 40% of Latvians supported same-sex marriage, while 46% were opposed and 14% were undecided.[48]

The 2023 Eurobarometer found that 36% of Latvians thought same-sex marriage should be allowed throughout Europe, and 35% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[49]

Summary table

Same-sex sexual activity legal Yes (Since 1992)
Equal age of consent (16) Yes (Since 1999)
Anti-discrimination laws in employment Yes (Since 2006)
Anti-discrimination laws in the provision of goods and services Yes
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2021)[50]
Same-sex marriage No (Constitutional ban since 2006; same-sex marriages performed in the EU recognised for residency purposes since 2018)[22]
Recognition of same-sex couples (e.g. registered partnership) Yes (Since 2024)
Adoption by a single LGBT person Yes
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays, lesbians and bisexuals allowed to serve openly in the military Yes
Transgender people allowed to serve openly in the military No
Right to change legal gender Yes (Gender-affirming surgery required)
Gender self-identification
Right to change legal gender without GRS or forced sterilization No
Right to change legal gender based on self determination No
Intersex minors protected from invasive surgical procedures No
Conversion therapy banned on minors No
Access to IVF for lesbians Yes
Commercial surrogacy for gay male couples No (Banned regardless of sexual orientation)
MSMs allowed to donate blood Yes[51]

See also

References

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