Multilateral Legal Research Group on the Legal Status of Same-Sex Couples in the EU.

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country that bans any form of discrimination based on sexual orientation by law and by severe punishment. However, total equality between different and same sex married coupled in Croatia has not still prevailed. In 2003 in Croatia a new law that had to do with unregistered cohabitation was voted and that was the first formal recognition of same sex relationships. Even if the wellknown 2013 referendum resulted to the definition of marriage, constitutionally, as a union between a man and a woman exclusively and consequently prohibited same-sex marriages, there are other laws that provide for equal treatment. One such example us the Life Partnership Act of 2014 which after its introduction, allowed same-sex couples to enjoy the exact same rights with married heterosexual couples, except from adoption. In order for this gap to be covered a new institution was introduced to Croatia named “partner-guardianship” and actually allows homosexual couples to adopt in a form of step-parenthood. As expected, Centre-left, centre, and green political parties have been the main supporters of the LGBT rights in Croatia, managing to succeed an admirable outcome considering their position and the mental-backgrounds of the Balkan countries, generally. On the other hand, right-wing, centre-right political parties and some conservative NGOs such as the one called “In the Name of Family” in a collaboration with the Roman Catholic Church are strongly opposing to the extension of the rights of gay people. In 2015, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) ranked Croatia 5th in terms of LGBT rights out of 49 observed European countries, which constitutes a huge an improvement compared to the previous year's position of 12th place. Croatia is among 11 member countries that make up a LGBT Core Group at U.N. on Ending Violence and Discrimination. However, the main question that remains is whether this indirect reassurance of LGBT rights is indeed enough or not. Why is constitutionally, marriage between same-sex couples an unthinkable action? Why should the rights be ensured only by side legal actions and not straight by the constitution? After 2003 and the first LGBT pride in Croatian a law supported mainly by the centre-left political parties was voted in Croatia. This law recognized in same-sex couples which were cohabiting for at least three years similar rights with heterosexual co-habiting couples only regarding inheritance and financial support. Additional benefits related to tax, joint property, health insurance and pension were not granted and adoption was regulated with other pieces of legislation. In 2005 a proposal about registration of homosexual couples was made by Šime Lučin (SDP) and the independent Ivo Banac. Even if the Croatian constitution itself bans discrimination on the grounds of sexual orientation, the proposal was rejected and many reactions were raised on behalf of the pro-religion conservatives. On July 15th. 2014 the new “Life Partnership Act” was voted and changed the legal regime and status of same-sex couples in Croatia. They were equated with married heterosexual couples in every right except form adoption rights. The first life partnership in Croatia took place in Zagreb Multilateral Legal Research Group 47


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