Georgia: Stop amendment banning same-sex marriage
The ruling coalition in Georgia introduced a bill on 14 March to amend the Constitution and define marriage explicitly as a union between a man and a woman. The amendment discriminates against LGBTI people in the enjoyment of their family life and all social rights associated with marriage.
UA: 61/16 Index: EUR 56/3654/2016 Georgia Date: 17 March 2016
URGENT ACTION
STOP AMENDMENT BANNING SAME-SEX MARRIAGE
The ruling coalition in Georgia introduced a bill on 14 March to amend the Constitution
and define marriage explicitly as a union between a man and a woman. The amendment
discriminates against LGBTI people in the enjoyment of their family life and all social
rights associated with marriage.
The Prime Minister of Georgia, Giorgi Kvirikashvili, announced on 7 March that the ruling coalition “Georgian
Dream” had agreed to go ahead with their plans to amend the Constitution and define marriage as explicitly a union
between a man and a woman. The Prime Minister explained this change to be in “the defence of such an important
value as marriage”. Eighty out of 150 Members of Parliament signed the amendment proposal which was
submitted to the Bureau of the Parliament on 10 March and registered on 14 March.
Article 36 of the Constitution of Georgia currently states that “marriage is a voluntary union based on equality
between the spouses.” By limiting the constitutional definition of marriage to couples of the opposite sex, the
amendment directly discriminates against LGBTI people who live or wish to live in a same-sex union, and denies
them the enjoyment of their right to family life, the right to marry and all the economic and social rights associated
with marriage. According to the Civil Code of Georgia, same-sex partners do not currently have the right to marry
or register and exercise their right to family life, but an explicit ban on marriage equality in the Constitution would
aggravate the situation as it would prevent legislators from extending marriage to same-sex couples in the future
and will run counter to the emerging global trend of recognition of marriage equality.
NGOs working on LGBTI rights in Georgia issued a joint statement on 17 February condemning the plan to narrow
the definition of marriage to exclude same-sex couples. The statement also explained that due to the existing levels
of hatred, discrimination and violence towards LGBTI people, Georgian LGBTI activists had never taken the
decision to campaign for marriage equality, and that the public discussion created by the proposal will further
marginalize LGBTI people in Georgia. The passing of the amendment will have a long-term chilling effect on
human rights of LGBTI people beyond the right to family life and the right to marry as it will entrench the
discrimination that same-sex couples experience in everyday life in Georgia.
Please write immediately in Georgian, English or your own language:
Calling on the coalition “Georgian Dream” to withdraw the amendment aimed at restricting the constitutional
definition of marriage as this would effectively discriminate against same-sex partners;
Urging the Georgian authorities to respect, protect and fulfil the rights of all people in Georgia regardless of
sexual orientation and gender identity.
PLEASE SEND APPEALS BEFORE 28 APRIL 2016 TO:
Prime Minister and Head of the coalition
“Georgian Dream”
Giorgi Kvirikashvili
7 Ingorokva St, Tbilisi 0114, Georgia
Facebook:
facebook.com/KvirikashviliOfficial
Twitter: @KvirikashviliGi
Salutation: Dear Prime Minister
Speaker of the Parliament
David Usupashvili
26 Abashidze St, Kutaisi 4600, Georgia
Email: contact@parliament.ge
Facebook:
facebook.com/DavidUsupashviliOfficial
Twitter: @D_Usupashvili
Salutation: Dear Speaker of the
Parliament
And copies to:
President of Georgia
Giorgi Margvelashvili
1 Abdushelishvili St
Tbilisi 0103, Georgia
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date.
URGENT ACTION
STOP AMENDMENT BANNING SAME-SEX MARRIAGE
ADDITIONAL INFORMATION
Non-discrimination on grounds of sexual orientation and gender identity is an internationally recognized principle, affirmed by
the international community for more than a decade. As a cross-cutting principle, it applies to the full range of human rights
guaranteed in international standards. Many countries have brought their domestic laws into line with this principle in a range of
spheres including partnership rights. Denial of equal civil recognition of same-sex relationships prevents many people from
enjoying a whole range of other rights, such as rights to housing and social security, and stigmatises those relationships in ways
that can fuel discrimination and other human rights abuses against LGBTI people.
Amnesty International opposes discrimination in civil marriage laws on the basis of sexual orientation or gender identity and
calls on states to recognise families of choice, across borders where necessary.
On 25 December 2015, a Georgian man self-identifying as gay, filed a complaint to the Constitutional Court of Georgia,
appealing to the Court to rule that his inability to marry his same-sex partner under the current legislative framework, namely the
Civil Code of Georgia, was unconstitutional. The Georgian NGOs working on LGBTI rights distanced themselves from this
complaint, calling it a provocation that could be used as a ground to amend the Constitution and define marriage as explicitly
between a man and a woman.
LGBTI people often face discrimination, hate speech and violence in Georgia, while the authorities consistently fail to effectively
investigate crimes motivated by homophobic and transphobic hatred. On 17 May 2012, a peaceful march in central Tbilisi
marking the International Day against Homophobia and Transphobia (IDAHOT) came under attack when a group of Orthodox
Christians began insulting and threatening LGBTI activists. On 17 May 2013, the IDAHOT public protest was thwarted by a
violent attack by thousands of demonstrators while the police failed to ensure participants’ safety. None of the attacks on the
IDAHOT assemblies have been investigated effectively.
Name: LGBTI people in Georgia
Gender m/f: all
UA: 61/16 Index: EUR 56/3654/2016 Issue Date: 17 March 2016