The European Court of Human Rights has begun examining two cases against Lithuania over the country’s failure to provide any legal recognition for same-sex couples.
The Strasbourg-based court has asked the Lithuanian government to submit explanations in the cases D.S. and R.S. v. Lithuania and Norbutas and Samatulskis v. Lithuania.
In both cases, the court will assess whether Lithuania violated the applicants’ right to respect for private and family life by failing to establish any form of legal recognition or protection for same-sex couples, and whether the applicants were discriminated against on the grounds of sexual orientation.
One case involves two men from Vilnius who have lived together for many years, while the other concerns two men from Kaunas. Both couples complain that Lithuania’s legal system does not allow them to register their relationship as a same-sex couple through marriage, civil partnership, or any other legal mechanism.
The Vilnius applicants sought to register a civil marriage through the courts, while the Kaunas applicants attempted to register a partnership. Lithuanian courts rejected both requests, ruling that under current law marriage may be concluded only between a man and a woman and that the registration of civil partnerships is not available under existing legislation.
The Supreme Court of Lithuania later refused to accept cassation appeals in both cases.
The applicants argue that Lithuania’s legal framework denies them the right to family life in any form and constitutes discrimination based on sexual orientation.
Efforts to introduce legal recognition of same-sex partnerships in Lithuania have stalled for years, with multiple legislative initiatives failing to pass in the parliament.
Lithuania’s Constitutional Court ruled in April 2025 that the parliament had violated the Constitution by failing for 24 years to adopt a separate law regulating partnerships, as required to implement Civil Code provisions on cohabitation outside marriage. The court also held that partnership regulation must apply to both different-sex and same-sex couples.
In November, a group of Social Democratic lawmakers registered amendments to the Civil Code that would introduce gender-neutral partnerships. The proposal has not yet been submitted for parliamentary consideration.
Source: https://www.lrt.lt/en/news-in-english/19/2825124/european-court-examines-cases-of-two-same-sex-couples-against-lithuania
