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| Slovenians Deliver Major Setback to Same-Sex Marriage in Referendum | Slovenians Deliver Major Setback to Same-Sex Marriage in Referendum |
| (34 minutes later) | |
| LJUBLJANA, Slovenia — In March, when Slovenia’s Parliament voted to let same-sex couples marry and adopt children, the country was heralded as the first of the former communist nations of Central and Eastern Europe to join a worldwide trend toward legal equality for gay men and lesbians. | LJUBLJANA, Slovenia — In March, when Slovenia’s Parliament voted to let same-sex couples marry and adopt children, the country was heralded as the first of the former communist nations of Central and Eastern Europe to join a worldwide trend toward legal equality for gay men and lesbians. |
| However, that movement suffered a major setback on Sunday, when Slovenian voters rebuked their lawmakers with a resounding message: No. | However, that movement suffered a major setback on Sunday, when Slovenian voters rebuked their lawmakers with a resounding message: No. |
| Voters repealed the marriage law by a nearly two-to-one ratio — 63.5 percent against and 36.5 percent in favor, the country’s Election Commission announced on Monday morning. About a third of the 1.7 million registered voters cast ballots. | Voters repealed the marriage law by a nearly two-to-one ratio — 63.5 percent against and 36.5 percent in favor, the country’s Election Commission announced on Monday morning. About a third of the 1.7 million registered voters cast ballots. |
| It was a stinging defeat for the government, which had tried to prevent the vote, by arguing that marriage was a human right that should not be subjected to a popular referendum. In October, the Constitutional Court disagreed and allowed the vote to proceed. | It was a stinging defeat for the government, which had tried to prevent the vote, by arguing that marriage was a human right that should not be subjected to a popular referendum. In October, the Constitutional Court disagreed and allowed the vote to proceed. |
| Voters have pushed back against the government on this issue before. In a 2012 referendum, they rejected, by a smaller margin, a law that would have given same-sex couples many of the rights of married couples, except for adoption, and without the term “marriage.” | Voters have pushed back against the government on this issue before. In a 2012 referendum, they rejected, by a smaller margin, a law that would have given same-sex couples many of the rights of married couples, except for adoption, and without the term “marriage.” |
| “It’s not possible to build the future of Slovenia with same-sex couples,” said Janez Jansa, a former prime minister who leads the center-right Democratic Party, the main opposition party, after the result of Sunday’s referendum. | |
| The vote was painful for advocates for gay rights in Europe, where the movement for marriage rights achieved its first victory when the Netherlands legalized same-sex marriage in 2001. | The vote was painful for advocates for gay rights in Europe, where the movement for marriage rights achieved its first victory when the Netherlands legalized same-sex marriage in 2001. |
| Since then, Belgium, Spain, Portugal, France, Britain (except Northern Ireland) and Luxembourg — where the prime minister, who is gay, wed his partner in May — have all legalized same-sex marriage, along with Norway, Sweden, Denmark, Iceland and Finland. In March, Ireland became the first nation to legalize same-sex marriage by popular referendum. On Tuesday, the Greek Parliament is scheduled to take up a bill legalizing civil partnerships for same-sex couples. | Since then, Belgium, Spain, Portugal, France, Britain (except Northern Ireland) and Luxembourg — where the prime minister, who is gay, wed his partner in May — have all legalized same-sex marriage, along with Norway, Sweden, Denmark, Iceland and Finland. In March, Ireland became the first nation to legalize same-sex marriage by popular referendum. On Tuesday, the Greek Parliament is scheduled to take up a bill legalizing civil partnerships for same-sex couples. |
| But the issue has divided the Continent. None of the former communist countries of Eastern and Central Europe have legalized same-sex marriage (although Germany, which reunified in 1990, has broad protections for gay couples). Croatia and Slovakia have amended their Constitutions to define marriage as the union of a man and woman. | |
| Slovenia is the wealthiest and among the more progressive of the countries that made up the former Yugoslavia; it decriminalized homosexuality in 1977 and joined the European Union in 2004 and the eurozone in 2007. | Slovenia is the wealthiest and among the more progressive of the countries that made up the former Yugoslavia; it decriminalized homosexuality in 1977 and joined the European Union in 2004 and the eurozone in 2007. |
| The marriage controversy here was caused in part by a ruling of the Constitutional Court, which in 2009 held that same-sex partnerships law violated a constitutional ban on discrimination on the basis of sexual orientation. | The marriage controversy here was caused in part by a ruling of the Constitutional Court, which in 2009 held that same-sex partnerships law violated a constitutional ban on discrimination on the basis of sexual orientation. |
| However, opponents of the new marriage law collected about 40,000 signatures, enough to force a popular referendum on the matter. In October, the Constitutional Court narrowly voted, 5 to 4, that the National Assembly could not block the referendum. Advocates for marriage equality say the court’s rulings have not been consistent. | However, opponents of the new marriage law collected about 40,000 signatures, enough to force a popular referendum on the matter. In October, the Constitutional Court narrowly voted, 5 to 4, that the National Assembly could not block the referendum. Advocates for marriage equality say the court’s rulings have not been consistent. |
| “Slovenia’s own Constitution recognizes that fundamental rights shouldn’t be left to majority decision,” said Boris Dittrich, a Dutch historian and former lawmaker who directs the lesbian, gay, bisexual and transgender rights program at Human Rights Watch. “It’s a pity that the Constitutional Court didn’t invoke that constitutional protection of fundamental rights to halt the challenge to marriage equality.” | “Slovenia’s own Constitution recognizes that fundamental rights shouldn’t be left to majority decision,” said Boris Dittrich, a Dutch historian and former lawmaker who directs the lesbian, gay, bisexual and transgender rights program at Human Rights Watch. “It’s a pity that the Constitutional Court didn’t invoke that constitutional protection of fundamental rights to halt the challenge to marriage equality.” |
| Opponents of same-sex marriage framed the issue as one of child protection, saying that children had a basic right to have a father and a mother. | |
| “This outcome is a victory for all our children,” Ales Primc, the leader of a group called Children Are at Stake, which organized the opposition to the law. | “This outcome is a victory for all our children,” Ales Primc, the leader of a group called Children Are at Stake, which organized the opposition to the law. |
| The Vatican may have helped sway opinion in this majority-Catholic country. In an audience with Slovenian pilgrims in St. Peter’s Square on Wednesday, Pope Francis said: “May you carry my gratitude to the Church of Slovenia for its efforts in favor of family. I want to encourage all Slovenians, particularly those with public responsibilities, to preserve family as a basic cell of society.” | The Vatican may have helped sway opinion in this majority-Catholic country. In an audience with Slovenian pilgrims in St. Peter’s Square on Wednesday, Pope Francis said: “May you carry my gratitude to the Church of Slovenia for its efforts in favor of family. I want to encourage all Slovenians, particularly those with public responsibilities, to preserve family as a basic cell of society.” |
| Advocates of same-sex marriage rights promised to continue their effort, and it is possible that the Constitutional Court may revisit the matter. | Advocates of same-sex marriage rights promised to continue their effort, and it is possible that the Constitutional Court may revisit the matter. |
| “We are not giving up,” said Miha Lobnik, leader of the It’s Time for Yes campaign. | “We are not giving up,” said Miha Lobnik, leader of the It’s Time for Yes campaign. |