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Recognition of same-sex unions in Monaco

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex unions have been recognised in the microstate of Monaco since 27 June 2020. On 4 December 2019, the National Council passed a bill establishing cohabitation agreements, offering both same-sex and opposite-sex couples limited rights and benefits in the areas of inheritance and property. The law took effect on 27 June.

In March 2022, a court ordered the government to recognize a same-sex marriage validly performed in the United States.[1] This ruling was upheld by the Court of Appeal, but the decision was overturned by the Court of Revision on 18 March 2024.

Cohabitation agreements

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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.

The legislative process leading to the recognition of same-sex couples started in the early 2010s. In November 2010, an interview mentioned that Jean-Charles Gardetto,[2] a member of the National Council and lawyer, was preparing a draft bill intending to legally define cohabitation, either for heterosexual or for homosexual couples.[3] On 18 June 2013, the opposition Union Monégasque party submitted a bill to Parliament to establish gender-neutral cohabitation agreements.[4] The bill was immediately sent to the Women and Family Rights Commission for consideration. In July 2015, the commission's president said that debate on the bill would begin in late 2015.[5] Originally submitted as pacte de vie commune, the bill was amended to establish a "cohabitation agreement" (French: contrat de vie commune, pronounced [kɔ̃tʁa d(ə) vi kɔmyn]; Monégasque: cuntratu de vita cumüne, pronounced [kuŋˈtɾatu de ˈvita kuˈmyːne]). The bill's rapporteur, Jean-Louis Grinda, submitted his report on 7 September 2016.[6] It noted that the Monegasque administration has recognised concubinage since 2008, and that the European Court of Human Rights considers non-recognition of same-sex relationships to be contrary to the European Convention on Human Rights as per its ruling in Oliari and Others v Italy. On 27 October 2016, the National Council unanimously approved a resolution mandating the Council of Government to draft a bill recognizing same-sex unions.[7] On 27 April 2017, the Council responded positively to the proposal, and said it would introduce a draft law by April 2018 following the February 2018 elections.[8]

The cohabitation agreement bill was introduced to the National Council on 16 April 2018. Under the bill, cohabiting same-sex and opposite-sex couples would be considered on par with siblings for inheritance tax but not at the same level as married couples. The agreement, which is open to siblings and parents and children as well, also provides an enumerated set of property and social security rights, and reciprocal obligations. The contrat is signed in front of a notary and then deposited at a public registry.[9] The agreement provides some but not all of the rights of marriage. For example, a foreign partner is not eligible for Monegasque citizenship, and both partners cannot share the same surname.[10]

On 4 December 2019, the National Council approved the bill in a unanimous 22–0 vote.[11][12][13] The legislation was signed into law by Prince Albert II on 17 December 2019, published in the official journal on 27 December and took effect six months later (i.e. 27 June 2020).[9] Several lawmakers criticized the "hypocritical" opposition of Catholic officials, notably from the Archbishop of Monaco, Bernard Barsi, who had written to all deputies urging them to vote against the bill, noting that the law concerned solely civil matters and not religious ones.[14] Many deputies called the law "long overdue", and President of the National Council Stéphane Valeri called it "great news for all couples".[15]

4 December 2019 vote in the National Council[14]
Party Votes for Votes against Absent
  Priorité Monaco
19
 -
2
  Horizon Monaco
2
 - -
  Union Monégasque
1
 - -
Total 22 0 2

Same-sex marriage

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Background

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Same-sex marriage is not recognized in Monaco. The Civil Code of Monaco does not explicitly ban same-sex marriages, but article 116 requires "the man" and "the woman" to be at least 18 years of age to marry.[16] The Constitution of Monaco does not restrict marriage to opposite-sex couples.[17]

On 10 March 2022, a lower court ruled that the government had to register the marriage of a dual Monegasque-American same-sex couple who had married in Michigan in August 2019. The couple had applied to register their marriage in Monaco in February 2020, but the civil registrar refused to do so on the basis that their marriage "contravened the Monegasque public order" and that the Civil Code did not recognize same-sex marriages. The lower court held that the marriage was legally valid and did not violate the Monegasque public order. It ordered the government to register the marriage and provide the couple with all the rights and benefits of marriage. An appellate court upheld the decision on 28 September 2023.[1] However, the appeal decision was overturned by the highest court, the Court of Revision, on 18 March 2024.[18]

Mon'Arc en Ciel, an organisation campaigning for the legalisation of same-sex marriage in Monaco, was officially created in May 2024.[19]

Religious performance

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In May 2015, the United Protestant Church of France, which has one parish in Monaco, voted to allow its pastors to bless same-sex marriages. The measure, which was passed by 94 votes to 3, also includes a freedom of conscience clause allowing pastors with objections to opt out.[20] The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[21]

Public opinion

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According to a survey conducted in 2007 by the Union pour Monaco (UPM) party before the 2007 municipal elections, 51% of the respondents (only native Monegasque inhabitants asked) agreed that living in a registered partnership should be accepted. Monegasques being a minority in Monaco, the survey is not representative of the entire public's opinion.[22]

See also

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References

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  1. ^ a b "Cour d'appel, 28 septembre 2023, Le Procureur Général D. c/ Monsieur E. et Monsieur r. A." LegiMonaco (in French). 28 September 2023.
  2. ^ "Constitution Monégasque - 17 décembre 1962 - Site Officiel du Conseil National - Principauté de Monaco". Archived from the original on 1 April 2012. Retrieved 19 September 2011.
  3. ^ Monacohebdo.mc, "Les cas de discrimination existent", question : "Vous aviez en projet de proposer un texte sur le concubinage ?", 8 November 2010 (French)
  4. ^ (in French) n°207 Proposition de loi relative au Pacte de vie commune
  5. ^ "Homosexual unions could be an option in Monaco from 2017 - The Riviera Times Online". 10 October 2015. Archived from the original on 10 October 2015.
  6. ^ "RAPPORT SUR LA PROPOSITION DE LOI, N° 207, RELATIVE AU CONTRAT DE VIE COMMUNE".
  7. ^ "Bientôt un pacs monégasque ?". Monaco Hebdo. 9 November 2016.
  8. ^ "" Je suis une indépendante " - Monaco Hebdo". Monaco Hebdo (in French). 2017-07-19. Retrieved 2017-09-01.
  9. ^ a b "n° 1481 - Loi du 17 décembre 2019 relative aux contrats civils de solidarité" (in French). 4 December 2019.
  10. ^ "L'union libre enfin reconnue à Monaco". Conseil National (in French). 24 August 2020.
  11. ^ "Monaco institue un pacs pour tous les couples". Le Quotidien (in French). 6 December 2019.
  12. ^ "La principauté de Monaco autorise l'union libre pour tous les couples". Ouest France (in French). 6 December 2019.
  13. ^ "La loi sur le contrat de vie commune votée à l'unanimité hier soir". Monaco Tribune (in French). 5 December 2019.
  14. ^ a b Gehin, Nicolas (18 December 2019). "Contrat de vie commune: ils ont dit «Oui»". Monaco Hebdo (in French). Archived from the original on 23 December 2019.
  15. ^ "Monaco reconnaît l'union civile pour tous les couples". BFM TV (in French). 12 December 2019.
  16. ^ "Code Civil, Livre I Des Personnes, Titre V Du Mariage, Article 116". LégiMonaco (in French). Retrieved 15 September 2022. L'homme et la femme ne peuvent se marier avant dix-huit ans.
  17. ^ "Pourquoi Monaco est si mal classé dans le classement de l'association LGBT+ Ilga-Europe ?". Libération (in French). 30 May 2020.
  18. ^ "Out in the World: LGBTQ+ news from Europe & Asia". Los Angeles Blade. 14 April 2024.
  19. ^ Martinet, Clément (12 June 2024). "Succession et transmission : une association pour défendre les droits des personnes LGBT+ à Monaco". Monaco Hebdo (in French).
  20. ^ "Mariage gay: L'Eglise protestante unie de France autorise la bénédiction des couples de même sexe". HuffPost (in French). 17 May 2015. Archived from the original on 18 August 2021. Retrieved 18 August 2021.
  21. ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. Archived from the original on 23 December 2023. Retrieved 2023-12-23.
  22. ^ "Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity, Sociological Report: Monaco" (PDF). The Danish Institute For Human Rights.
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