Recognition of same-sex unions in San Marino

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Part of the LGBTQ 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 Tokelau or the associated states of the Cook Islands and Niue.
  3. ^ Same-sex marriage is also legal in the Crown Dependencies of Guernsey, the Isle of Man and Jersey, and the British Overseas Territories of Akrotiri and Dhekelia, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha, and South Georgia and the South Sandwich Islands. Same-sex marriage is not performed in six British Overseas Territories: Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and Caicos Islands.
  4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d 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 confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognized guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
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San Marino has recognized civil unions for both same-sex and opposite-sex couples since 5 December 2018. Legislation to permit civil unions was introduced to the Grand and General Council in December 2017, and was approved on 15 November 2018 by a vote of 40 to 4. Civil unions provide comparable rights to marriage in the areas of residency, citizenship, pension, health care, succession, and stepchild adoption. The law came into full effect on 11 February 2019, following a number of further legal and administrative changes.

Immigration rights

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On 21 June 2012, the Grand and General Council approved an istanza d'arengo (popular initiative) requesting the government to allow foreign nationals in same-sex relationships with San Marino citizens to remain in the country legally.[1][2] The request did not ask for any other rights for these couples, but its approval was still hailed as a "historic step forward" by Michele Pazzini, the secretary of a San Marino LGBT association. Pazzini said: "This is a little step towards the full recognition of same-sex couples." The istanza was accepted in a vote of 33 in favor to 20 against.[3] Its approval was criticized by the Bishop of the Diocese of San Marino-Montefeltro, Luigi Negri, who argued that it sought to "change the concept of cohabitation so that sex no longer matters".[4] Pazzini responded that Negri "does not [seem to] know that two men or two women can live quietly under the same roof [in San Marino]", and that "Sammarinese frequently fall in love with non-Sammarinese nationals", thus making this law change necessary to ensure equality.[5] He also replied to criticism from the Sammarinese Christian Democratic Party, whose representatives indicated that "the petition did not respond to any real societal need", saying that the party "does not know and perhaps has not even bothered to analyze the problems related to this discrimination", arguing that LGBT people were being treated as "third-class citizens". Pazzini also mentioned that it had taken four years for the government to finally address the istanza.[6] Nonetheless, in spite of the istanza being accepted, no law amendments were introduced in the following years.[7]

Civil unions

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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.

Legislative action

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In March 2016, three political parties announced their intention to introduce separate bills to Parliament to create a new gender-neutral partnership law that would expand the rights of all unmarried cohabiting couples. The largest party, San Marino Common Good, ruled out adoption rights for same-sex couples, while an opposition party included adoption in its draft. The center-left coalition partner, United Left, said that it was open to the idea of same-sex parenting and may bring the issue of stepchild adoption to a fourth proposal.[8]

In December 2017, after winning the November 2016 election, the center-left coalition—consisting of United Left, Future Republic and Civic 10—vowed to pass a civil union bill.[9] A popular initiative to legalise civil unions (Italian: unione civile, pronounced [uˈnjoːne tʃiˈviːle]; Romagnol: uniòun civìla, pronounced [uˈnjɔuŋ tʃiˈvilɐ]) was introduced to the Grand and General Council on 18 December 2017, and passed its first reading on 7 March 2018.[10][11] Under the proposed law, civil partners would be granted health care benefits, pension rights and enjoy the same residency rights as married couples, among other rights and benefits. The proposal was praised for going further than the Italian civil union law, approved in 2016, as it would allow for stepchild adoption. Additionally, children born during the civil union would be legally recognised as the children of both parents, and children born abroad would also be recognised.[12] A public consultation took place on 6 April 2018.[13] The government indicated that it would try to have the bill passed "as soon as possible".[14] On 27 September 2018, the Council Committee for Constitutional Affairs approved the bill by a 12–2 vote with some amendments; while now allowing for public ceremonies, the committee conferred to the unions only a limited set of rights pertaining to marriage—residency, citizenship, pension rights, health care, succession rights, and stepchild adoption rights.[15]

On 15 November 2018, the Grand and General Council approved the bill at final reading by 40 votes to 4 with 4 abstentions.[16][17] The law was signed by Captains Regent Mirko Tomassoni and Luca Santolini, and published in the Official Bulletin of the Republic of San Marino on 20 November. It entered into force on 5 December 2018.[18] However, before fully coming into effect, the bill required a delegated decree adding the necessary legal basis and a series of administrative adjustments to be adopted by the Congress of State. Director of the Civil Status Lorella Stefanelli said that February 2019 was a likely date for commencement.[19] In February 2019, Guerrino Zanotti, the Secretary of State for Internal Affairs, said the delegated decree would be adopted by the Congress of State within the next few days, allowing the Civil Status to implement the new law. The decree was ratified on 11 February.[20][21] The first civil union took place on 25 February 2019 between Emanuele Leuzzi and Marco Cervellini at the Civil Registry Office in Valdragone, Borgo Maggiore.[22][23]

The Grand and General Council passed a bill 31–1 on 21 June 2021 further expanding the rights and benefits of civil partners. However, the law, which took effect on 29 June, does not grant same-sex couples full adoption rights.[24][25]

Statistics

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In 2019, 36 civil unions were performed in San Marino, of which 13 were between same-sex couples.[26] In 2021, there were 95 marriages and 21 civil unions performed in San Marino.[27]

Same-sex marriage

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Background

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In April 2014, a Sammarinese man, who had married his partner in the United Kingdom, filed a petition to start a debate on the recognition of foreign same-sex marriages in San Marino.[28] On 19 September 2014, Parliament debated and rejected the proposed changes on a vote of 15–35.[29] On 8 April 2015, the same man attempted to register his marriage in the country, but was not successful.[30] In December 2017, the Parliament approved an amendment to a proposed 2018 budget law that would have allowed same-sex marriages for foreigners in San Marino, by 25 votes to 20. However, the government did not then draft the required legislation to implement the amendment.[31][32]

At San Marino's third Universal Periodic Review in November 2019, the Netherlands recommended that the government legalize same-sex marriage. The government "noted" (rejected) this recommendation.[33]

Religious performance

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The Union of Methodist and Waldensian Churches, which serves the small Protestant minority in San Marino, was the first Christian denomination to authorise the blessing of same-sex couples in 2010.[34] 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.[35]

Public opinion

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A 2016 survey by La Tribuna Sammarinese found that 78% of Sammarinese were in favour of same-sex civil unions.[36]

See also

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References

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  1. ^ "San Marino, convivenza coppie gay. Istanza d'arengo in Consiglio". Libertas. 18 June 2012. Archived from the original on 7 February 2023. Retrieved 22 August 2025.
  2. ^ "San Marino: accolta istanza d'Arengo sulla convivenza delle coppie gay". Libertas. 22 June 2012. Archived from the original on 30 November 2022. Retrieved 22 August 2025.
  3. ^ "San Marino axes medieval law to let gay couples live together". Archived from the original on 2014-01-02. Retrieved 2018-11-17.
  4. ^ "San Marino, Istanza d'Arengo sulle coppie di fatto. Il Vescovo di San Marino Montefeltro". Libertas. 30 June 2012. Archived from the original on 1 February 2023. Retrieved 22 August 2025.
  5. ^ "San Marino. Michele Pazzini (Lgbt ) risponde al Vescovo di San Marino Montefeltro". Libertas. 1 July 2012. Archived from the original on 22 August 2025. Retrieved 22 August 2025.
  6. ^ "San Marino. Sulle coppie di fatto, Michele Pazzini (Lgbt) replica alla Dc". Libertas. 4 July 2012. Archived from the original on 22 August 2025. Retrieved 22 August 2025.
  7. ^ "Report by Nils Muiznieks, Commisioner for Human Rights of the Council of Europe". Council of Europe. 2015-10-15. pp. 14–16. Archived from the original on 2020-09-21. Retrieved 2025-08-22.
  8. ^ "San Marino. Unioni civili, presto sul tavolo tre bozze di legge". La Tribuna Sammarinese (in Italian). Archived from the original on 2 April 2016.
  9. ^ (in Italian) San Marino. Più uniti. Più forti. Tutto pronto per la fondazione di Sinistra Socialista Democratica
  10. ^ (in Italian) Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"
  11. ^ (in Italian) Migranti e unioni civili, il Titano è pronto Archived 2018-09-17 at the Wayback Machine
  12. ^ (in Italian) San Marino. "Unioni civili, una legge esemplare e perfino migliore della nostra"
  13. ^ (in Italian) Il pilastro sociale tra unioni affettive ed evoluzioni dell'amore
  14. ^ (in Italian) San Marino, la proposta di legge popolare sulle unioni civili sarà presto ordine del giorno
  15. ^ "Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian).
  16. ^ "Approvata la legge sulle Unioni Civili. La commissione pari opportunità: "giornata storica per San Marino"". Rtv San Marino (in Italian). 16 November 2018.
  17. ^ Besanvalle, James (16 November 2018). "San Marino passes civil union law for same-sex couples". Gay Star News. Archived from the original on 15 May 2019. Retrieved 17 November 2018.
  18. ^ "Legge 20 novembre 2018 n°147 "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian). Archived from the original on November 21, 2018.
  19. ^ "Unioni civili a San Marino: quasi tutto pronto affinché la legge sia operativa" (in Italian). Rtv San Marino. 14 January 2019.
  20. ^ "San Marino. Unioni civili, arriva il decreto per rendere operativa la legge" (in Italian). Libertas San Marino. 12 February 2019.
  21. ^ "Congresso: il decreto sulle Unioni Civili rende operativa la legge" (in Italian). Rtv San Marino. 6 February 2019.
  22. ^ "Prima unione civile sul Titano: momenti di emozione per Marco ed Emanuele". Rtv San Marino (in Italian). 25 February 2019.
  23. ^ "Unioni civili, Arcigay Rimini presente alla prima cerimonia sul Titano". Altarimini (in Italian). 25 February 2019. Archived from the original on 26 February 2019. Retrieved 25 February 2019.
  24. ^ "Matrimoni e Unioni Civili - Segreteria di Stato per gli Affari Interni". www.interni.segreteria.sm. Retrieved 2021-10-30.
  25. ^ "CGG: ok dell'Aula al PdL per il coordinamento della Legge sulle Unioni Civili". Rtv San Marino (in Italian). 21 June 2024.
  26. ^ "San Marino. Scintille sulle Unioni civili". Giornale San Marino (in Italian). 3 June 2020.
  27. ^ "Bollettino statistica 2021: aumenta la popolazione sammarinese". Rtv San Marino (in Italian). 4 January 2022.
  28. ^ "San Marino Considering Recognition Of Out Of State Marriages". Towleroad. 8 April 2014.
  29. ^ "San Marino rebuffs same-sex marriage, abortion proposals". Gazzetta Del Sud. 19 September 2014. Archived from the original on 28 January 2016. Retrieved 17 November 2018.
  30. ^ Chiesta a San Marino la prima trascrizione di matrimonio gay
  31. ^ (in Italian) SAN MARINO DICE SÌ AL MATRIMONIO GAY. MA SOLO PER GLI STRANIERI
  32. ^ (in Italian) A San Marino arriva il matrimonio egualitario, ma solo per gli stranieri
  33. ^ "34nd UPR WORKING GROUP SESSIONS - SOGIESC RECOMMENDATIONS - San Marino" (PDF). ILGA. pp. 72–76. Archived (PDF) from the original on 13 May 2020. Retrieved 13 May 2020.
  34. ^ "Coppie gay, storica apertura della Chiesa valdese. Ma si aspetta ancora una legge". Il Fatto Quotidiano. August 27, 2010.
  35. ^ 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.
  36. ^ Homosexual couples in San Marino: waiting for rights