Epiphany of Homophobia in Latvian Politics

Euro MPs Fail in Last Ditch Appeal

RIGA, December 21, 2005  –  A last-ditch plea to the Latvian President from a group of European Members of Parliament, led by openly-gay Michael Cashman, failed to alter her decision to sign the constitutional amendment defining marriage as being between a man and a woman which was passed last week by the Latvian parliament.

■ Michael Cashman, MEP

And the decision by President Vaira Vike-Freiberga has today left gays in Latvia “bitterly disappointed”, and calling on her to take active part in legislation that would bring-in a legal recognition of same-sex partnerships.

“Latvian lesbians, gay, bisexual and transgender (LGBT) people and their supporters and bitterly disappointed regarding the decision of Vaira Vike-Freiberga, the President of Latvia, to sing into a law a constitutional amendment defining marriage as a union between a man and a woman only,” Imants Kozlovskis, the executive director of ILGA-Latvia, said in a statement this evening.

“We believe our President missed a unique opportunity to stop the development of homophobia and hate within Latvian politics.  Signing the amendment, the President of Latvia legally supported a pointless piece of legislation which was created because and only for one reason – to cement a barrier for same-sex partners to ever become equal citizens with the rest of the society in a county constitution.

“It is pitiful that the President of Latvia did not notice the nature of the amendment – a single political party’s pre-election populist campaign when LGBT people were used as a target for hate, humiliation and harassment,” he claimed.

Latvia has now confirmed in its basic law, which states the country’s fundamental principles, that homophobia is one of this country’s basic principles, he suggested.

“We believe that the President of Latvia indirectly gave a ‘green light’ to further humiliation and discrimination against LGBT people in Latvia.

“We found hypocritical her calls on the Latvian politicians to avoid homophobic statements and respect each person’s value since signing the constitutional amendment she is sending a completely opposite message.

“We call on the President of Latvia to prove that she believes in such principles as equality and non-discrimination and call on her to take active part in a legal initiative toward legislation recognising same-sex partnerships.

“Only by doing so, can the President of Latvia demonstrate that Latvia is a nation where everyone enjoys a right to life free from discrimination,” Mr Kozlovskis concluded.

In a letter faxed to the President yesterday, the Intergroup on Gay and Lesbian Rights at the European Union, MEPs appealed to her not to sign the amendment, saying that it was important that “strong signals” be sent to the First Party of Latvia, which initiated the legislation.

In the letter, signed by Intergoup president Michael Cashman and vice presidents Sophie in 't Veld, Raúl Romeva and Alexander Stubb, attention was drawn to Article 13 of the founding treaty of the European Communities which states one of the fundamental principles of the EU – a ban against discrimination on the basis of sexual orientation.

FULL TEXT OF THE LETTER

Brussels, 20th December 2005

Dear President Vike-Freiberga,

We are writing to you to ask you to reject the amendment to Article 110 of the Constitution defining marriage as a union of a man and a woman only, which was adopted on 15 December by the Latvian Parliament. The amendment, initiated by the First Party of Latvia, is clearly motivated by homophobia and a result of the aggressive homophobic campaign following the first LGBT Pride march in Riga last July. In our view it is important to send a strong signal that such actions are unacceptable.

More than half of the EU member states support the recognition of same-sex partners, and subsequently granting them rights and obligations which are secured by marriage for heterosexual couples such as rent, pensions and inheritance. Representatives of the First Party have not hidden the fact that the basic motivation behind this amendment is to keep Latvia from joining the European member states that legally recognise partnerships between persons of the same sex.

The constitutional amendment is legally pointless, since same-sex marriage is already banned in Article 35.2 of the Civil Law, and discriminatory, because it limits rights of a certain group of people instead of extending them. In addition, the amendment risks stimulating further development of intolerance and homophobia in Latvia.

Latvia has joined the European Union and the Council of Europe, thus supporting values such as equality and non-discrimination. We would therefore kindly like to remind you of Latvia's European obligations:

- When joining the Council of Europe, Latvia acceded the European Human Rights Convention, whose Article 12 bans discrimination on the basis of sexual orientation;

- The European Court of Human Rights has ruled that the Convention protects the rights of same-sex partners to family life (the ruling Karner vs. Austria, 2003), thus establishing legal practice which makes clear that discrimination on the basis of sexual orientation is a violation of the Convention

- Article 13 of the founding treaty of the European Communities states one of the fundamental principles of the EU - a ban against discrimination on the basis of sexual orientation;

- Similarly, Article 21 of the European Union's Charter of Human Rights bans any discrimination on the basis of sexual orientation;

- Directive 2000/78/EC on equal rights in employment specifies that EU member states must ban all discrimination in the field of employment, including discrimination based on sexual orientation;

- Directive 2004/38/EC recognises same sex partners and awards them the same right that applies to one of the fundamental principles of the EU - free movement within the EU;

For the reasons listed in this letter, we ask you to reject the amendment and remind the members of the Latvian government of its obligations with regard to protection against discrimination as formulated in article 13 of the Treaty on the European Communities.

Yours sincerely,

Michael Cashman
President, European Parliament's Intergroup on Gay and Lesbian Rights

Sophie in 't Veld, Raúl Romeva and Alexander Stubb
Vice Presidents, European Parliament's Intergroup on Gay and Lesbian Rights

UK:   Timeline Of Gay and Lesbian Marriage, Partnership or Unions Worldwide.  From the Netherlands in 1979 to the UK's new law effective today, all the legislation - strong and weak - that recognises same-sex partnerships to some degree or another.  (UK Gay News, December 5, 2005)

SEE ALSO

President Signs Anti-Gay Constitutional Amendment.  The President of Latvia, Dr. Vaira Vike-Freiberga, has signed the constitutional amendment defining marriage as only between a man and a woman.  Latvia becomes the first country in Europe to have an anti-gay clause in its constitution. (UK Gay News, December 21, 2005)

Latvian President’s ‘Gay Marriage’ Decision Expected Today.  Latvian Radio is reporting that President Vaira Vike-Freiberga might be announcing today her decision on the proposed constitutional amendment that defines marriage as being between a man and a woman. (UK Gay News, December 20, 2005)

Latvian Gays Seek International Support for Petition to President.  Gay and lesbian activists have launched an online petition calling on the Latvian president not to sign the constitutional amendment that would define marriage as being between a man and a woman. (UK Gay News, December 18)

Gay TV Personality Criticises Latvian Parliament As Euro-MPs Have Their Say.  From an “out gay” television personality in Latvia to Members of the European Parliament, there has been continued criticism of Latvia's Saeima (Parliament) following the third and final reading of the Constitutional Amendment that will define “marriage” as being between a man and a woman. (UK Gay News, December 15, 2005)

Latvia Cements Homophobia Into Constitution As Gay Marriage is Banned.  The Latvia Parliament has adopted a constitutional change that defines marriage as a union of a man and a woman.  This will prevent any possibility for gay marriage in the future.  This morning, 65 MPs voted in favour of the change at the amendment’s third – and final – reading in Parliament. (UK Gay News, December 15, 2005)

Latvia Moving Backwards, Say Gay and Lesbian Intergroup of MEPs.  Two leading Members of the European Parliament’s gay and lesbian rights ‘Intergroup’ have today expressed “serious concern” on the increased homophobia in Latvia. (UK Gay News, December 6, 2005)

Block Put on Gay Marriage by Latvian Parliament.  A change in the constitution that will define marriage as being between a man and a woman, and blocks the way for “gay marriage”, became a virtual certainty today when the 100-seat Latvian parliament passed the proposal with a massive majority in the amendment’s second reading. (UK Gay News, December 1, 2005)

Gays in Latvia Have an Official Watchdog.  A new independent department that will keep an eye on discrimination has been set-up by the government in Latvia.  And the National Human Rights Office will be embracing the gay and lesbian community as well as other sections of society as well as racism and other forms of discrimination. (UK Gay News, November 30, 2005)