The Constitutional Court said on Wednesday that it had rejected requests by a group of applicants challenging the constitutionality of the Life Partnership Act, with LGBTIQ+ associations welcoming the decision and calling it a step forward in the recognition and protection of their rights.

The law, which went into force in 2014, recognising for the first time some of the rights to same-sex couples, was challenged before the Constitutional Court by Petar Marija Radelj, the Blessed Ivan Merz Apologetics Association and the In the Name of the Family association.

Rejecting their application, the Constitutional Court underlined that the right to respect for family life was guaranteed to all persons, regardless of their sex, sexual orientation and gender/gender identity and was under direct protection by the Constitutional Court and the European Court of Human Rights.

In a comment on the court’s decision, the Rainbow Families association said that it supports it, underlining the importance of recognising and protecting the right to family life for all individuals.

“The court decision refers, several times, to international acts, notably those adopted by the EU, and therefore we underline that EU law clearly promotes the elimination of differences in the legal status and protection of rights of homosexual and heterosexual persons. EU directives promote the elimination of discrimination against and the recognition of the right of same-sex couples to equality in all areas of life, which is in line with European legal standards, and we welcome the Constitutional Court’s decision that supports these positions,” the association said in a statement.

Ruling lays foundation for further progress and acceptance of LGBTIQ community

“Taking into consideration resolutions of the European Parliament, recommendations by the Council of Europe and the Committee of Ministers and positions of the Court of the EU, we want to additionally underline the importance of continued work in the fight against discrimination against LGBTQ persons. This support to the recognition of the right to and protection of family life reflects the fundamental values of the European society,” the Rainbow Families said.

It noted that the Constitutional Court’s decision represents not only an important legal step towards equality but has a deep social and emotional impact on the LGBTIQ community in Croatia.

“More than 1,000 persons in the country have entered into life partnerships, and this ruling lays the groundwork for further progress and acceptance of the LGBTIQ community,” said Daniel Martinovic, president of the Rainbow Families, noting that the Life Partnership Act had changed the lives of many LGBTIQ persons in Croatia for the better, providing them with legal security and recognition of their families and creating a sense of belonging and equality before the law.