Talk:LGBTQ rights in Kosovo

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Marriage

The constitution does not say anything about same-sex marriage, it does not contain any definition of marriage, just says that Based on free will, everyone enjoys the right to marry and the right to have a family as provided by law. According to the law, which regulates this matter (Family Law) marriage is a legally registered community of two persons of different sexes, through which they freely decide to live together with the goal of creating a family. The claim, expressed here, that the family law is no valid because of the 2008 constitution is unfounded, not to mention this edit at the Template:LGBT rights table Europe. Ron 1987 (talk) 23:03, 16 June 2014 (UTC)[reply]

Speaking just theoretically and not as a Wikipedia editor, I have the impression it should be possible to make the Constitutional Court of Kosovo declare the family law unconstitutional since the constitution prohibits discrimination based on sexual orientation and says that "everyone enjoys the right to marry [...]". <POV>I hope some organisation attempts that sooner or later :)</POV> SPQRobin (talk) 15:54, 28 June 2014 (UTC)[reply]

@Ron 1987 and SPQRobin: I'm a bit confused as to whether or not same-sex marriage is constitutionally legal in Kosovo or not. Enver Hasani the President of the Constitutional Court of Kosovo says it is permitted. Read this article here [1]. Do we update the article to state that same-sex marriage is legal? IJA (talk) 13:53, 14 September 2014 (UTC)[reply]

After reading this article, I must say the situation is confusing. While in theory, same-sex marriage should be allowed, the reality of the matter is that the family code prohibits it. The only way I could see us accurately changing the status of Kosovo would be for the constitutional court to declare the marriage related article unconstitutional. Until that happens or there is a reliable article that shows an instance of same-sex marriage without legal impediment, I think Kosovo should remain grey. Just my thoughts on the matter. Chase1493 (talk) 04:50, 15 September 2014 (UTC)[reply]

I would say it's normal that it's confusing because probably the society is not in favor of same-sex marriage while the Constitution is very new so probably designed to be "modern". I agree same-sex marriage isn't legal until it's actually known to be performed. Anyway, I now edited the article trying to explain this situation a bit more. SPQRobin (talk) 21:45, 21 September 2014 (UTC)[reply]

Marriage (2)

The "Family Law of Kosovo" or Law nr. 2004/32 was published on January 1 2004 by the UNMIK, so it's invalid with the adaption of the new constitution in 2008, and therefore can't be a justification that same-sex marriage isn't de jure legal in Kosovo.^[1]

Rubbish. Adoption of the constitution does not mean that the family law is invalid. Ron 1987 (talk) 19:40, 19 April 2015 (UTC)[reply]

The law was approved in 2006, not 2004, and it was done by the Kosovo's parliament. Citation from the Kosovo Assembly site: "Law is approved by Assembly of Kosovo, date 20 January 2006 and promulgated by UNMIK Regulation no. 2006/7 of date 16 February 2006". It is on the list of laws on the Ministry of Justice website. No information about invalidation. See [2], [3]. Ron 1987 (talk) 20:13, 19 April 2015 (UTC)[reply]

References

^ "FAMILY LAW OF KOSOVO - Law Nr.2004/32".

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[1] "FAMILY LAW OF KOSOVO - Law Nr.2004/32".

[1]