Slovakia defies EU & refuses to register gay couple’s marriage

Read more at LGBTQ Nation.

The Central European nation of Slovakia rejected a gay couple’s attempt to have their marriage registered, possibly setting up a clash with the European Union (EU).

Ivan Novotný and Metod Špaček, who are both Slovak, got married in Austria in 2020. Both nations are EU member states.

This past December, they applied to have their marriage registered in their country, and they finally got a response this past Monday in the form of a rejection letter. IBTimes notes that the letter didn’t come from the registrar’s office like it normally would have, but directly from Slovak Minister of Interior Matúš Šutaj Eštok.

“We submitted our application to the registry office, and it was the registry office that should have made the decision,” Novotný said. “Instead, we learned of the rejection—which was based on weak legal arguments—only through a letter from the incompetent Šutaj Eštok.”

Novotný claims that Slovak Prime Minister Robert Fico went to the registry office on June 12 to order them to refuse to register the marriage certificate, citing the country’s recently adopted constitutional ban on same-sex marriage rights.

The couple plans to sue to challenge the decision. “I reiterate that I have no doubt we will ultimately achieve equality for all in Slovakia as well,” Novotný said.

The Court of Justice of the European Union (CJEU) ruled last November that EU member states had to recognize same-sex marriages performed in other EU member states in a lawsuit involving a Polish couple that married in Germany. While a Polish court originally abided by the CJEU ruling, the country’s Constitutional Tribunal ultimately overturned that decision in July.

The European Commission denounced Slovakia’s rejection of the marriage as well as its defiance of the CJEU decision.

“One of the foundations of our Union is that EU law, as interpreted by the Court of Justice of the EU, takes precedence over national law,” the European Commission said in a statement. “All Member States have the obligation to fully implement all judgments of the CJEU. We will continue to monitor the situation very closely and, if necessary, will not hesitate to use all the instruments at our disposal.”

Slovakia is a Christian-majority nation where same-sex relationships have been legal since 1962, when it was part of Czechoslovakia. Sexual orientation and gender identity are protected categories under the nation’s anti-discrimination laws, and LGBTQ+ people can serve in the military.

Bolivia recognizes first same-sex marriage in historic step towards equality

Read more at LGBTQ Nation.

After a nearly four-year legal battle, Fabiana Banzer and Scarlett Rocha became the first same-sex couple to be civilly married in the South American country of Bolivia. Despite these women’s recent wedding, the country’s constitution still forbids same-sex marriages. Nevertheless, their legal victory could open the door to other same-sex couples eventually marrying.

The couple applied for a civil marriage certificate on October 12, 2022, with the legal support of the non-governmental LGBTQ+ rights organization IGUAL Bolivia. The organization noted that, on January 9, 2018, the Inter-American Court of Human Rights (IACHR), which oversees 21 Caribbean, Central, and South American countries issued an advisory opinion stating that countries that had signed onto the 1969 American Convention on Human Rights should grant same-sex couples “accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage.”

However, Article 63 of Bolivia’s constitution limits marriage to heterosexual couples. The lengthy subsequent legal battle for Banzer and Rocha resulted in courts issuing two constitutional injunctions, an extraordinary judicial remedy used to protect citizens against actions that violate basic constitutional rights, Merco Press reported.

The couple eventually won their battle, but their court victory applies only to them, and no legislative or constitutional changes have occurred to allow same-sex marriages nationwide. Nevertheless, the victory could open the door to similar challenges that could accelerate the path towards marriage equality.

“Scar and I have been together for more than 4 years,” Banzer wrote in a public August 8 Facebook post. “It makes me very happy to announce to our family and friends that after a legal fight of 3 years and 10 months we have finally been able to access civil marriage as two women.”

Interestingly, Banzer and Rocha are the second same-sex couple to win legal recognition from their home country. In December 2020, David Aruquipa and Guido Montaño won their court battle to become the first same-sex couple to register their partnership as a civil union (a form of legal recognition that bestows many of the same legal privileges as marriage).

In Aruquipa and Montaño’s case, the Second Constitutional Chamber of the La Paz departmental court issued a ruling in the couple’s favor that was upheld by the Plurinational Constitutional Court. But similar to Banzer and Rocha’s case, the men’s legal victory didn’t immediately open the door to legalized same-sex unions across the country until further legal challenges resulted in spring 2023 court rulings requiring Bolivia’s Civil Registry Service to allow same-sex unions.

Aruquipa said on Sunday that he considers the women’s recent marriage to be a significant development in the country’s longer journey towards marriage equality. “Rather than speaking of a beginning, we should speak of a historical continuity: from the first recognized union to the first civil marriage,” he said.

While Bolivia doesn’t criminalize same-sex sexual encounters and has LGBTQ+ anti-discrimination protections, same-sex couples and partners aren’t legally allowed to adopt children, lesbian couples aren’t guaranteed access to in vitro fertilization (IVF), and conversion therapy remains legal.

Polish court rejects European court’s ruling in favor of marriage equality

Read more at LGBTQ Nation.

Poland’s highest court rejected a ruling from a European court requiring the Catholic-majority nation to recognize same-sex marriages performed abroad.

The ruling from the Constitutional Tribunal comes after the Court of Justice of the European Union (CJEU) ruled last November that Poland, which is a European Union member state, has to recognize same-sex marriages performed in other countries, even if it doesn’t perform same-sex marriages itself.

But the Constitutional Tribunal on Tuesday rejected that, DW reports. While a full opinion is not yet available, the court said that the CJEU decision was “inconsistent with Article 92, Paragraph 1, in conjunction with Article 18 of the Constitution of the Republic of Poland.”

Article 18 says: “Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland,” and Article 92, Paragraph 1 says that regulations are determined by “the organs specified in the Constitution.”

That is, the court found that Poland’s constitution claims sovereign authority to determine who has access to marriage, which creates a potential conflict with the European court.

The original case was filed by a German-Polish gay couple who got married in Berlin in 2018. When they returned to Poland, the government refused to recognize their marriage, so they sued.

They ultimately won their case in a ruling that said that EU member states are required to recognize marriages performed in other EU countries, citing the EU’s protection of “respect for private and family life.” Of the 27 EU member states, only 18 recognize marriage equality.

In March, Poland’s Supreme Administrative Court (NSA) ruled in favor of the couple as well, ordering that the men’s German same-sex marriage certificate be transcribed into the Polish system. The NSA said that the couple had a “right to lead a normal family life” while exercising their “freedom to move and reside within the territory of the member states” as EU citizens.

Earlier this year, Poland’s Prime Minister, Donald Tusk, promised to pass a law to recognize same-sex marriages performed in other EU countries in response to the CJEU and NSA rulings. Parliament passed a bill to create “cohabitation contracts” for same-sex couples, but President Karol Nawrocki, whose party is more conservative than Tusk’s, vetoed it last week, saying that the cohabitation contracts were too similar to marriage.

Polish president vetoes bills to recognize same-sex couples

Read more at LGBTQ Nation.

The president of Poland, Karol Nawrocki, vetoed two bills last week that would have extended recognition to same-sex couples.

The bills would have created “cohabitation contracts,” according to Reuters, which would have given some legal recognition to same-sex couples when it comes to medical information, property rights, and funeral arrangements.

The bills were part of reforms promised when Prime Minister Donald Tusk took office in 2023, which included measures regarding LGBTQ+ people’s rights and abortion. The current ruling coalition in parliament is considered liberal and pro-European.

Nawrocki, though, ran as an independent in 2025 after having been chosen as the candidate for the right-wing Law and Justice (PiS) party, moving the country to the right. He said that the cohabitation contracts were too similar to marriage.

“These proposals create a new, formalized institution of family law, equipped with a broad catalog of rights similar to those of marriage,” he said in a statement. He said that the bills would lead to “the loss of the special status of marriage,” defined as “a union of a man and a woman under the protection and care of the Republic of Poland.”

LGBTQ+ rights advocates denounced the vetoes. The organization Campaign Against Homophobia said that the bills were “merely a fragment” of what they wanted to get when it comes to domestic partnership rights in the country.

“Today’s veto of the bill, however, shows that even the absolute minimum of rights the bill was intended to provide is too much for the president,” the group said.

Former Equality Minister and New Left Member of Parliament Katarzyna Kotula said Nawroicki “turned his back on 2 million people living today in informal relationships.”

Earlier this year, a gay couple who traveled to Berlin to get married won the right in court to have their marriage recognized in Poland.

Senegal amends its Constitution to ban same-sex marriage

Read more at Erasing 76 Crimes.

By 129 votes in favor and 0 against, the National Assembly of Senegal amended the Constitution, on Monday, June 29, to define marriage exclusively as “the union between a man and a woman”.

The Senegalese Constitution previously had been rather vague on the subject, although same-sex intimacy has been criminalized in Senegal since 1965. The country is in the midst of an anti-gay crackdown that has produced 100s of arrests.  In March, the penalty for same-sex intercourse was doubled, to a maximum prison sentence to 10 years, and gay rights advocacy was banned.

Passage of the constitutional amendment is related to the anti-LGBT crackdown, according to a Senegalese political observer.

Dakar-based Sadio (a pseudonym), told Erasing 76 Crimes “there is little doubt that [the ruling PASTEF party] is placing great emphasis on this aspect of constitutional change in order to reassure the Senegalese people that it will pursue an anti-LGBT agenda, following the tightening of the Criminal Code in the spring so ‘unnatural acts’ are now punishable by 5 to 10 years’ imprisonment and a fine of 10 million CFA francs (about 15,000 euros or US $17,460)”.

In addition, Sadio says, the amendment “helps to rally the ranks within the ruling party following the rifts that led to the dismissal of former Prime Minister Ousmane Sonko”.

The constitutional amendment was inspired by an  opinion piece published on March 8 in the state-owned daily newspaper Le Soleil entitled “A scientific approach to the eradication of homosexuality in Senegal”.

Before the amendment, Article 17 of the Senegalese Constitution defined marriage as follows: “Marriage and the family constitute the natural and moral foundation of human society, and are placed under the protection of the State”.

This addendum has now been included: “Marriage is the union between a man and a woman”.

The amendment provides no definition of what constitutes a man or a woman in biological, chromosomal or anatomical terms. Nevertheless, it establishes a binary system that effectively marginalises intersex people in Senegal.

Following the recent criminalisation of homosexuality in Niger, this marks a further setback for LGBT+ rights in French-speaking Africa.

Delaware approves amendment protecting same-sex marriage

Read more at the Washington Blade.

The Delaware General Assembly passed Senate Substitute 2 for Senate Bill 100 on the last day of the legislative session on Tuesday after being rescinded last week. 

Senate Substitute 2 for Senate Bill 100 (SB-100) passed with 28 ‘yes’ votes, meeting the two-thirds threshold required for the bill to pass. Tuesday was the last day of the 153rd General Assembly. 

The amendment would enshrine the right to same-sex and interracial marriage in the Delaware Constitution. 

SB-100 was rescinded last week after it did not receive enough votes to pass. Democrats were short by three votes, with two Democratic members missing from the vote.

Rep. Josue Ortega (D-03) voted ‘no’ on SB-100 and Rep. Medinah Anton-Wilson (D-27) did not vote. However, both members voted ‘yes’ for Senate Substitute 2 for SB-100 on Tuesday. 

Prime sponsor of SB 100, Rep. Claire Snyder-Hall (D-14)made the technical decision to change her vote last week from a ‘yes’ to a ‘no’ at the last minute to keep the bill alive. 

Additionally, Republican Assemblyman Michael Smith (R-22) joined the Democrats with a ‘yes’ vote after voting ‘no’ on SB-100 last week. 

In order for SB 100 to be enshrined into the state Constitution, it must be passed by two consecutive General Assemblies. Thus, the amendment will not be officially added to the Constitution unless it passes in the 154th General Assembly next year. 

Rep. Snyder-Hall introduced the measure earlier this week. 

“Just one week ago, we failed to pass this legislation. We failed the people of Delaware. But today, on the final day of the legislative session, the 153rd General Assembly affirmed that every Delawarean has the fundamental right to marry the person they love, regardless of race or gender,” said Snyder-Hall.

“Thank you to my colleagues for recognizing that the right to marry is a right worthy of protection and for voting yes on this important constitutional amendment.” 

Delaware fails to pass amendment protecting marriage equality in “egregious vote”

Read more at LGBTQ Nation.

A proposed amendment to enshrine same-sex and interracial marriage protections into the Delaware Constitution failed in the state House on Tuesday.

The amendment had passed the state Senate earlier this month, but lost by four votes in the House, where a 2/3 majority of 28 votes was needed. Two Democrats did not vote in favor of the bill. State Rep. Josue Ortega (D) voted no, while state Rep. Madinah Wilson-Anton (D) did not vote.

Gay state Rep. Eric Morrison (D) told the Washington Blade that an anonymous Republican had agreed to vote yes, which would have secured the 28 votes needed if all 27 Democrats also voted yes, but the GOP lawmaker did not keep his word.

Ortega, the Democrat who voted no, told WHYY it was his “duty as an elected representative… to listen to the concerns of the people I serve.”

“After carefully considering the feedback I received,” he continued, “I concluded that I will be voting no, because it was the best decision that best represented the majority of my constituents.”

Rep. Claire Snyder-Hall (D), who sponsored the measure, also ended up voting no, but she explained she did so as a strategic decision once she realized the amendment did not have enough votes to pass.

“That’s a maneuver that allows me to bring this bill back up,” she explained in a video, “because I’m still hopeful that we’re going to be able to get the votes we need to pass this basic bill.”

“Today, the General Assembly turned its back on the people of this state,” Snyder-Hall wrote in the caption of her post. “Every Delawarean deserves the right to marry the person they love, regardless of race or gender. But today, when we had the chance to add an extra layer of protection from attempts to turn back the clock and strip our constituents of the rights that Democrats fought for decades to secure, we failed.”

She emphasized that she will keep fighting. “The groups most affected by this egregious vote are no strangers to setbacks,” she said. “There are still three legislative days left in the 153rd General Assembly and I am hopeful that we will be able to get the votes required to pass this incredibly basic – but important – bill.”

The Blade explained that the bill must pass before July 1, when the two-year-long session ends, or else another attempt to pass it will take at least three years.

State Rep. Mike Smith (R) defended his no vote and the lack of support from his party in a statement to WHYY: “This is just restating rights that have already been protected under Delaware law. It’s important for constituents to know that.”

State Rep. Kamela Smith (D), on the other hand, said she voted yes despite her own religious beliefs due to her “responsibility here as a legislator, and that responsibility is to uphold the constitution.”

“My job is to make sure that the law works fairly for everyone,” she continued, “even when people don’t all believe the same things I do.”

Delaware Attorney General Kathy Jennings (D) called the assembly’s failure to pass the amendment “shocking and upsetting” and a failure “to advance a basic, core tenant of equality.”

“Failing to permanently enshrine those protections in our state’s Constitution is an appalling abdication of the state government’s duty to guarantee the rights of every Delawarean,” she added. “It adds insult to injury that this vote was cast in the closing days of Pride Month.”

Christian judges in Texas are demanding the right not to marry same-sex couples. They’re winning.

Read more at LGBTQ Nation.

The State Commission on Judicial Conduct in Texas was overruled last week after it disciplined a justice of the peace in Waco for refusing to marry same-sex couples on religious grounds.

A Texas county judge ruled the commission cannot investigate, sanction, or discipline McLennan County Justice of the Peace Dianne Hensley for refusing to officiate same-sex weddings because of her Christian beliefs. Hensley was awarded $10,000 in compensatory damages and $630,000 in attorney’s fees after years of litigation.

“I think the agency overstepped itself, and what we saw was their bias on the issue and not the law,” Hensley told KERA News in North Texas.

The origin of Hensley’s suit dates back to Obergefell v Hodges, the 2015 U.S. Supreme Court decision granting nationwide marriage equality.

Judges and justices of the peace are allowed, but not required, to officiate weddings in Texas. After previously declining to marry any couples following the decision, Hensley changed her mind in 2016 and said she would marry straight couples only.

She advertised that stance in a 2017 interview with the Waco Tribune-Herald, adding that she referred same-sex couples to a different judge and other nearby officiants.

The judicial conduct commission launched an investigation soon after and, in 2019, issued a public warning to Hensley that she was in violation of commission rules.

With the support of First Liberty Institute, the right-wing Christian nationalist legal organization shepherding other anti-LGBTQ+ cases around the country, Hensley sued. First Liberty argued her decision was protected by the Texas Religious Freedom Restoration Act, signed into law by then-Gov. George W. Bush (R) in 1999. That law prohibits the government from making restrictions that “substantially burden” an individual’s freedom of religion.

“People cannot be made — cannot be forced into participating in things that they have a religious disagreement with,” First Liberty attorney Hiram Sasser said following last week’s verdict.

The suit prompted action from the Texas Supreme Court, as well. After agreeing that Hensley’s suit could continue, but not ruling on her religious freedom claims, the court said that judges who decline to perform a wedding ceremony based on a “sincerely held religious belief” won’t violate the state’s rules on judicial impartiality.

The court found a grey area where the absence of a requirement to perform wedding ceremonies grants officiants the right to marry whom they choose.

That support from the highest levels of the Texas judiciary appears to have emboldened Hensley’s claim that officiants should be allowed to marry whom they choose.

In December, Hensley asked a federal court to overturn marriage equality in the U.S. entirely, arguing that marriage for same-sex couples is unconstitutional because it was legalized in a decision that “subordinat[ed] state law to the policy preferences of unelected judges.”

Hensley is one among several Christian officiants claiming “religious freedom” in their opposition to marrying same-sex couples in Texas.

Jack County Judge Brian Umphress also sued the commission, alleging he was afraid he could face the same punishment as Hensley. The Texas Supreme Court ruled in January that he wouldn’t face discipline for his choice not to marry gay couples, KERA reported.

A class-action lawsuit in Tarrant County has been filed on behalf of justices of the peace who are unwilling to perform same-sex marriages. They’re looking to recover damages from the Judicial Conduct Commission because they say they were forced to stop performing weddings altogether in fear of disciplinary action.

Like Hensley, Kim Davis, the infamous Kentucky county clerk who refused to sign marriage licenses for same-sex couples immediately following the Supreme Court’s 2015 Obergefell v. Hodges decision, asked the Supreme Court to overturn its marriage equality ruling. The Court declined to hear her appeal in November.

Despite her lawsuit aiming to wipe out marriage equality, Hensley continues to maintain that her right to religious freedom isn’t impacting gay couples in Texas because others are available to marry them.

Now, though, she says there isn’t a big demand for her services, and she may stop officiating weddings altogether.

“I was just accommodating people who called needing a low-cost wedding, and it’s been long enough now we don’t get many calls anymore,” Hensley said. “So, unless we start getting a lot of demand, I may not.”

Nepal Supreme Court rules in favour of equal marriage in huge win for LGBTQ+ rights

Read more at Pink News.

On 18 June, the court ordered the South Asian country’s government to ensure equal marriage rights for queer and trans people. The ruling makes Nepal the 40th country worldwide to legally recognise equal marriage.

Equal marriage was previously recognised in Nepal following an interim ruling in 2023 from the Supreme Court, when a group of nine LGBTQ+ activists sued the country’s marriage laws that defined marriage as a union between a man and a woman.

The lawsuit led to the court ordering Nepal’s government to create a new marriage register for couples from gender minority communities.

This month, the court’s new ruling will provide certainty and security for Nepali LGBTQ+ couples wishing to marry in the future.

Speaking to Nepali non-profit Pahichan on 19 June, human rights activist, monk and former politician Sunil Babu Pant said: “This landmark ruling marks a historic milestone for equality, dignity, and human rights in Nepal, while providing crucial legal clarity and protection for the rights of same-sex couples.”

They continued: “The verdict reaffirms the constitutional principles established in Sunil Babu Pant vs Nepal govt, and strengthened through later cases, including Maya Surendra’s first-ever legal registration of non-traditional heterosexual marriage in Nepal.

“It confirms that gender and sexual minority couples are entitled to equal protection of the law and reinforces Nepal’s commitment to inclusion, equality, and non-discrimination.”

The Blue Diamond, an LGBTQ+ rights organisation based in Nepal, also celebrated the decision.

“The ruling is now the fourth Supreme Court decision over nearly two decades that makes clear: the freedom to marry the person you love is a guarantee under Nepal’s Constitution, and LGBTQIA+ couples and their families must be afforded the dignity, respect, and protections that only marriage can provide,” the group shared in a statement on Instagram.

“With this victory, a counter-writ petition filed by advocate Yuvraj Paudel aiming to block these rights was decisively dismissed by the court,” it continued.

“We, the Blue Diamond Society team, welcome this important milestone from the Supreme Court of Nepal towards ensuring marriage equality provisions in Nepal and are excited to witness the next steps from the Government in translating this ruling into practice.”

Same-sex marriage support dips by 3 points from 2025: Gallup

Read more at The Hill.

Americans’ support for same-sex marriage has dipped in the last year, according to a new poll.

In the Gallup poll, 65 percent of respondents said same-sex marriages “should be valid” under the law, while 32 percent said same-sex marriages “should not be valid” under the law. Three percent had no opinion.

Last May, 68 percent said same-sex marriages “should be valid” under the law and 29 percent said the marriages “should not be valid.” In May 2024, 69 percent backed the legality of same-sex marriages and 23 percent did not.

In recent years, Republican lawmakers in some states have called for the Supreme Court to reconsider its landmark Obergefell v. Hodges decision made in 2015, which guaranteed same-sex marriage nationwide. A number of GOP senators in 2022 voted against the Respect for Marriage Act, which protects same-sex and interracial marriages.

More recently, conservatives have increasingly targeted transgender people through efforts to limit access to gender-affirming care and restrict transgender children competing in sports categories aligned with their gender.

Tension boiled over between House Republicans concerning gay rights earlier this week, with GOP Rep. Mike Lawler (N.Y.) and former Rep. George Santos (R-N.Y.) pushing back on Rep. Andy Ogles (R-Tenn.) who made a now-deleted social media post saying that “homosexuality has no place in America.”

“Happy Nuclear Family Month,” Ogles added in the message, seemingly referencing Pride Month, which is celebrated in June.

In response to his Republican colleague, Lawler said, “Homosexuality exists. In America.”

“In fact, Andy, you have family, friends, neighbors, colleagues and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American. What an absolutely idiotic statement to make.”

Ogles later told The Hill that he had not approved the post.

The Gallup poll took place from May 1 to 17, featuring 1,001 adults and a margin of error of 4 percentage points.

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