Draft Law No. 9103, which was intended to introduce registered partnerships as an alternative to marriage in Ukraine, seemed to spark a wave of discussion and controversy. However, after an initial surge of interest, it gradually began to disappear from public discourse.
Introduced in March 2023 by MP Inna Sovsun, the draft law went through a series of committee hearings and received mixed reviews. Some experts and NGOs welcomed it as an important step towards ensuring equal rights for all couples, regardless of their sexual orientation. Others expressed concerns about possible negative consequences for the traditional institution of marriage.
The fate of the draft law is currently uncertain. It has not been put to a vote in the Verkhovna Rada, and it is not known whether this will happen in the near future. In this text, we will try to understand what is happening with this important document, what are the prospects for its adoption and what factors may affect its future.
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Only one committee has to approve
All the committees that support or do not support the draft law are secondary. This is what the author of the draft law, MP Inna Sovsun, says. In order to be put to a vote in the Verkhovna Rada, the draft law needs to be supported by only one main committee — the Legal Policy Committee.
— In order for a draft law to be put to a vote, it has to pass one committee, the main one. This is the Legal Policy Committee. All other committees are additional. Their passage is desirable, but not mandatory. Even their negative conclusions are not an obstacle to the adoption of a draft law if there is a decision of the main committee. And, unfortunately, the biggest problem we have is the Legal Policy Committee, which has no desire to support this draft law. There are simply no votes to support it. At the same time, this committee is also well aware that if they consider it [the draft law] and reject it, it will also be a scandal. That’s why they don’t want to do that either, and they simply don’t put it to a vote in the committee. That’s why it’s actually stuck. It’s also impossible to bring it to the floor without a decision from the committee, and it’s also impossible to convince enough people within the committee.
At the same time, the author of the draft law notes significant progress in support among MPs and emphasises that she has personally observed changes: those who once ridiculed the idea of this bill now recognise its necessity. There is an internal awareness of the importance of this issue, although it has not yet translated into concrete action.
— The main obstacle is the lack of sufficient support in the Legal Policy Committee. I am realistic about the situation and understand that without additional pressure from the President’s Office, this committee in its current composition will not move forward. I have no doubt about that.
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Request for registered partnerships
There is a demand for registered partnerships among Ukrainians. This conclusion can be drawn from the huge number of screenshots posted by Ukrainians on social media immediately after the launch of the Marriage Online service in Diia.
— The information field showed that there is a demand from Ukrainians, but MPs live in a different world. They read Telegram channels where this is not shown. It is not at all obvious to them that there is such a broad public demand,” says the MP.
At the same time, Sovsun hopes that one thing that will have a positive impact on resolving this issue is the EU’s position. The European Union does not directly demand the adoption of this draft law, but on the other hand, they will assess Ukraine’s readiness for accession based on compliance with criteria, including human rights.
— And this is how they will measure whether we respect human rights? The truth is that they will measure compliance with the Council of Europe criteria. As for the Council of Europe, we have one unfulfilled court obligation, a judgement of the European Court of Human Rights last year, which states that Ukraine violates the rights of same-sex couples because it has not created a legal mechanism for formalising such relationships. The question is how quickly all these facts will sink in, and how quickly people will understand that as long as we are considered a country that does not comply with the ECHR ruling, we cannot talk about real prospects for EU membership.
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Importance for the LGBTQ+ community
Prior to Russia’s full-scale invasion of Ukraine, there was no legislation regulating relationships other than heterosexuality. Although the need for such legislation was identified in the government’s Action Plan for the Implementation of the National Human Rights Strategy for 2015-2020, this point was not implemented due to the position of religious organisations.
According to a report by the NGO Insight, the war has exacerbated the problem of lack of marriage equality. There were situations where the partners of military personnel were not allowed to visit them in hospitals, make decisions about their treatment or claim inheritance. The situation was exacerbated by the government’s decision to allow distant marriages only for opposite-sex couples.
Insight public organisation assures that today almost all EU countries already have some form of partnership, if not marriage equality, or are on the way to introducing such a form in the near future. Thus, Ukraine’s movement towards EU membership is another factor that makes the adoption of Draft Law No. 9103 or a similar bill a more realistic prospect in the near future. At the same time, a positive vote for it is not yet guaranteed, so it is worth intensifying work with MPs – especially those who are still undecided – to secure their support.
— The draft law on partnerships is about establishing justice for people from the LGBT community, who have been disenfranchised and invisible for decades, fighting for their right to exist. LGBT people are part of Ukrainian society, defending Ukraine at the frontline on a par with heterosexual people, volunteering and rebuilding our country.
At the same time, the Insight public organisation emphasises that the LGBTQ+ community has the right to be recognised by the state, and LGBTQ+ families should be protected, just like heterosexual families, in the event of the death of one of their partners. It’s not about additional rights, it’s about justice and equality.
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How many marriage proposals are there
As of 17 September, Ukrainians have filed more than 760,000 marriage applications through the online marriage service in Diia. This significant number demonstrates the high demand for a convenient and fast way to register a marriage.
However, Diia representatives clarified that these statistics do not include cases where the system generates an error. This means that the actual number of people willing to use the service may be higher. In particular, it is not known how many couples were unable to apply because of the same sex of their partners.
This highlights the need for legislative changes to ensure equal rights for all couples. Currently, Marriage Online is only available for opposite-sex couples.
The draft law on registered partnerships being considered by the Verkhovna Rada could introduce an alternative form of relationship registration for all couples. This would meet the existing demand and contribute to building a more equitable society.
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