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Same-Sex Partnership Policy Debates in Croatia and Slovenia

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Same-Sex Partnership Policy Debates in Croatia and Slovenia Südosteuropa 59 (2011), H . 1, S . 25-49 ROMAN KUHAR Resisting Change: Same-sex Partnership Policy Debates in Croatia and Slovenia Abstract. This article explores similarities and differences in the emergence, content, and effects of the policy debates on same-sex partnerships in Slovenia and Croatia . Using the Critical Frame Analysis, the article discusses how bills concerning same-sex unions were framed in parliamentary debates in both countries . Despite the different histories of the gay and lesbian movements and the somewhat different political/cultural backgrounds of both countries, no major differences were found in the discourses employed in the parliamentary debates on same-sex partnerships . Generally, five major themes have been defined in these debates in both Slovenia and Croatia: the human rights/equality frame is typically used by the proponents of the bill, often accompanied by the Europeanization frame . An understand- ing of such legislation as a threat to the family and nation is reflected in the frame of nature and the nationalist frame, whereas the exercise of power of the majority over the minority is reflected in the public opinion frame . Roman Kuhar is a professor of sociology of culture at the Faculty of Arts at the University of Ljubljana . Introduction The three main political discourses that have defined gay and lesbian politics in Western Europe and North America in the past decades are: efforts to achieve increased visibility, the establishment of equal rights, and the struggle for full citizenship .1 Touching all three, the legal recognition of same-sex partnerships and families has been one of the main objectives in this realm since the end of the 1980s . Different forms of legalizing same-sex partnerships, including registered and unregistered partnerships, cohabitation, and civil and de facto marital unions, have been adopted in Europe by the following countries:2 the 1 Christina Klesse, Deconstructing Political Discourse, Queering Politics: On the Structural Limitations of the Current State of Sexual Politics . Paper Presented at the Conference “Europe Without Homophobia”, Wrocław, 24 May 2004, unpublished . 2 The number in brackets represents the year of adoption of the respective legislation . Multiple numbers denote the sequence of adoption and amendments . For the contents of 26 Roman Kuhar Netherlands (1979, 1998, 2001), Sweden (1988, 1994, 2003, 2009), Denmark (1989), Norway (1993, 2008), Iceland (1996, 2010), Hungary (1996, 2009), France (1999), Belgium (2000, 2003), Germany (2000, 2004), Finland (2001), Portugal (2001, 2010), Austria (2003, 2009), Croatia (2003), Luxembourg (2004), Great Britain (2004), Switzerland (2004), Spain (2005), Slovenia (2005), Andorra (2005), Czech Republic (2006), and Ireland (2010) . The variety of legal institutions designed for same-sex couples in the European Union (EU) and the fact that some member states – predominantly those in East- ern Europe – do not grant any legal recognition to same-sex partnerships, cause several problems . One of these problems is the infringement of the right of EU citizens and their family members to move and reside freely within the territory of all EU member states .3 Because the Directive on the right to free movement (2004/58/EC) defines the family member as a ”spouse”, same-sex couples have limited rights in this regard, as they are not recognized as spouses . The right to free movement is granted only if a registered same-sex partnership is formed in a member state and if the country to which the partners wish to move legally recognizes the partnership as an equivalent to marriage . A married Dutch lesbian couple enjoys the same rights (and obligations) as a married Dutch heterosexual couple . If the heterosexual couple moves to Italy for work, study or any other reasons, it continues to enjoy all the rights of a married heterosexual couple . However, if the Dutch lesbian couple moves to Italy, their partnership is not recognized and does not provide them with any associated rights . In the EU, issues such as marriage and partnership are understood to be under national legal jurisdiction, and hence are outside the powers of the EU . Article 9 of the EU Charter of Fundamental Rights states that “the right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights” .4 Article 9 neither prohibits nor requires the member states to grant equal status to same-sex partnerships . In most of the EU member states, the adopted legislation established a separate legal institution for same-sex couples – such as “registered partnership” – al- though the rights and obligations ascribed to same-sex couples vary from one country to another . In Europe, there are currentlyseven exceptions: Iceland, the Netherlands, Spain, Portugal, Norway, Sweden and Belgium generally do not the individual acts, see Marriage and Partnership Rights for Same-sex Partners Country by Country, available at <http://www .ilga-europe .org/home/issues/families/recognition_of_re- lationships/legislation_and_case_law/marriage_and_partnership_rights_for_same_sex_part- ners_country_by_country> . All internet sources were accessed on 4 May 2011 . 3 Mark Bell / Mateo Bonini-Baraldi, Lesbian, Gay, Bisexual and Transgender Families and the Free Movement Directive: Implementation Guidelines . Brussels 2008, available at <http://ilga-europe .org/home/issues/families/ilga_europe_publications> . 4 Charter of Fundamental Rights of the European Union, available at <http://www .europarl . europa .eu/charter/default_en .htm> . Same-sex Partnership Policy Debates in Croatia and Slovenia 27 differentiate between the rights and obligations of heterosexual or homosexual married couples 5. In all other countries, the legislation regulating same-sex part- nerships is still discriminatory, for it puts gay and lesbian couples on an inferior legal footing as compared to heterosexual couples . There can be substantial differences between the legal institutions of a registered same-sex partnership and a marital union, as illustrated by the Croatian Same-sex Partnership Act . In Croatia, same-sex couples are granted only 2 % of the rights ascribed to het- erosexual married couples 6. The majority of the legislation concerning same-sex partnerships in the EU maintains the status of same-sex couples as second-class citizens . Furthermore, it seems that the mainstream gay and lesbian movement, which is engaged in a painful struggle to achieve at least some rights for same-sex partnerships, sometimes ignores (or feels forced to ignore) the discriminatory nature of such legislation .7 In the context of the former Yugoslav republics, Slovenia and Croatia are the only states where policy debates on same-sex partnerships have resulted in the recognition of limited rights for same-sex couples . Together with the Czech Republic and Hungary, Slovenia and Croatia are the only Eastern European countries where such legislation has been adopted . It cannot be denied that the political agenda of the Western European and even the global Lesbian, Gay, Bisexual and Transgender (LGBT) movement, as well as the media coverage of the movement’s legal victories, have influenced the local Croatian and Slove- nian movements, their agendas and, ultimately, their achievements . However, this is not to say that such effects are not visible in other former Yugoslav republics . Policy debates on same-sex partnerships do exist in these countries, especially in Serbia and – to a lesser extent – in Bosnia and Herzegovina . In both countries, the existing gay and lesbian movement is pushing for legisla- tive changes . Although several anti-discrimination clauses were adopted in the Serbian and Bosnian legislatures, there are no prospects as of yet for changes in the definitions of marriage and family . Furthermore, public events organized by non-governmental LGBT organizations, such as the 2001 and 2010 Pride Parades in Belgrade and the 2008 Queer Festival in Sarajevo, have been brutally 5 In Portugal, same-sex couples are not granted adoption rights, but they can get married . Great Britain could be listed among these countries as well, as the rights and obligations of married heterosexual partners are equal to those of registered same-sex unions . However, Great Britain has established a separate legal institution for same-sex couples . Furthermore, in the legislation of the countries listed above, minor differences between homosexual and heterosexual marriages still exist . 6 Sanja Juras / Kristijan Grđan, Croatia, in: Chuck Stewart (ed .), The Greenwood Ency- clopedia of LGBT Issues Worldwide, vol . 2 . Santa Barbara/Ca . et al . 2010, 79-100, 81. 7 Roman Kuhar, Hoč’va ohcet: O nezadostnosti registriranega partnerstva, in: Zdravko Ko- be / Igor Pribac (eds .), Prava poroka? 12 razmišljanj o zakonski zvezi . Ljubljana 2006, 107-134 . 28 Roman Kuhar disrupted by nationalist and religious groups, as well as other extremists .8 In Belgrade, after two unsuccessful attempts in 2001 and 2009, the Pride Parade finally took place in October 2010 . The Parade itself – which aimed at increasing the visibility of LGBT people in Serbia – did not receive much media coverage . Journalists rather focused on the violence taking place during the Parade . An estimated 6,000 protesting hooligans clashed with the 5,600 policemen protect- ing the march and demolished and burned several cars, buses and stores, as well as the headquarters of left-wing political
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