Same-sex marriage in Andorra will become legal on 17 February 2023.

Andorra , image_flag = Flag of Andorra.svg , image_coat = Coat of arms of Andorra.svg , symbol_type = Coat of arms , national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...

first established stable unions on 23 March 2005, providing same-sex couples with some of the rights and benefits of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

, and later enacted

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

s on 25 December 2014, offering a greater set of rights. On 21 July 2022, the General Council voted to open

civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...

to same-sex couples. The law was promulgated by Co-Prince

Emmanuel Macron Emmanuel Macron (; born 21 December 1977) is a French politician who has served as President of France since 2017. ''Ex officio'', he is also one of the two Co-Princes of Andorra. Prior to his presidency, Macron served as Minister of Econ ...

on 17 August 2022, and will come into effect six months later (i.e. 17 February 2023).

Stable unions

On 21 February 2005, the General Council passed a bill legalising "stable unions". The new law was promulgated by Co-Prince

Jacques Chirac Jacques René Chirac (, , ; 29 November 193226 September 2019) was a Politics of France, French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to ...

, and published in the Official Bulletin of the Principality of Andorra on 23 March 2005. Co-Prince Joan Enric, the

Bishop of Urgell The Diocese of Urgell is a diocese in Catalonia (Spain) and Andorra in the historical County of Urgell,

, did not sign the law. Although the co-princes are both the heads of state of Andorra, only a single signature is required to sanction and promulgate new laws, and to order their publication in the Official Bulletin. The relationship is called ''unió estable de parella'' (, meaning "stable union of a couple") in

Catalan Catalan may refer to: Catalonia From, or related to Catalonia: * Catalan language, a Romance language * Catalans, an ethnic group formed by the people from, or with origins in, Northern or southern Catalonia Places * 13178 Catalan, asteroid #1 ...

. Partners seeking to enter a stable union must not be related in direct line by

consanguinity Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor). Many jurisdictions have laws prohibiting people who are related by blood fr ...

adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...

, or in the collateral line by consanguinity to the fourth degree. Both partners must be adults or emancipated minors, must not be already married or in an existing stable union, must live as a couple and at least one partner must be a resident of Andorra or an Andorran national. The couple must submit an application accompanied by the following documents: a sworn declaration of

cohabitation Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increas ...

, a copy of the current

passport A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the personal ...

or identity document of both partners, a certificate of residency for each partner (Andorran nationals are exempt from this requirement), a private pact signed by both partners setting out

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

and personal relations arising from the relationship and the rights and obligations of the relationship, and a sworn statement by two witnesses confirming the permanent nature of the cohabitation. The stable union is registered six months after the declaration and is then entered into the Register of Stable Unions (). A couple in a stable union have legal rights and responsibilities, including the obligation to support one another, the right to compensation and

maintenance Maintenance may refer to: Biological science * Maintenance of an organism * Maintenance respiration Non-technical maintenance * Alimony, also called ''maintenance'' in British English * Champerty and maintenance, two related legal doct ...

in the event of a

breakup A relationship breakup, breakup, or break-up is the termination of a relationship. The act is commonly termed "dumping omeone in slang when it is initiated by one partner. The term is less likely to be applied to a married couple, where a brea ...

and the same rights as spouses for the purposes of

social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...

and

employment law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...

. The stable union law also recognises the right to adopt a child, subject to the same rules as a married couple, but only for heterosexual couples. A stable union ends by the

of either party, the death of either party, a unilateral declaration by formal written notification notified to the other party or a mutual declaration.

Civil unions

On 2 June 2014, following an earlier announcement, the ruling

Democrats for Andorra Democrats for Andorra ( ca, Demòcrates per Andorra, DA) is a centre-right, liberal-conservative political party currently in government in Andorra. The party was established on 22 February 2011 as the direct successor of the Reformist Coalition ...

(DA) party introduced a bill to establish

s. The civil unions were intended to be equal to marriage in everything but name, as the word "marriage" was the main reason why the DA voted against the same-sex marriage bill in May 2014. The bill would also grant same-sex couples joint adoption rights. After months of consultation, the bill passed the General Council on 27 November 2014 on a vote of 20 to 3 with several abstentions. The bill was published in the official journal on 24 December, following

promulgation Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...

by Co-Prince

François Hollande François Gérard Georges Nicolas Hollande (; born 12 August 1954) is a French politician who served as President of France from 2012 to 2017. He previously was First Secretary of the Socialist Party (France), First Secretary of the Socialist P ...

, and took effect on 25 December 2014. Andorran

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

groups denounced the law as discriminatory. Following the family law reforms passed in July 2022, civil unions will no longer be available and all existing unions will become civil marriages.

Statistics

By the end of 2017, 35 same-sex civil unions had been performed in Andorra; 21 were between male couples and 14 between female couples.

Same-sex marriage

Background

On 21 April 2009, Jaume Bartumeu, leader of the

Social Democratic Party The name Social Democratic Party or Social Democrats has been used by many political parties in various countries around the world. Such parties are most commonly aligned to social democracy as their political ideology. Active parties For ...

(PS), announced that the party would push for a debate on

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

in Andorra if it won the 2009 elections. The Social Democrats won the election and Bartumeu became

Head of Government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...

on 5 June 2009, but no subsequent action was taken to legalise same-sex marriage, and the PS was defeated by the

in the 2011 parliamentary elections. In January 2013, the Andorran Superior Council of Justice granted social security survivor's benefits to Juan García Pérez, who had married his late husband in

Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...

, but had never applied for a stable union in Andorra. The first same-sex marriage in Andorra occurred at the French embassy in

Andorra la Vella Andorra la Vella french: Andorre-la-Vieille is the capital of the Principality of Andorra. It is located high in the east Pyrenees, between France and Spain. It is also the name of the parish that surrounds the capital. , the city has a popu ...

in November 2013. The marriage was performed under French law;

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

having legalized same-sex marriage earlier that year.

Attempt at legalisation in 2014

On 31 March 2014, the Social Democratic Party introduced a bill to legalize same-sex marriage. On 29 May 2014, the bill was rejected by the General Council.DA diu NO al matrimoni gai
Supporters of the bill had presented some 3,000 signatures in favor of same-sex marriage to the Council, hoping to persuade lawmakers to support it. The Democrats for Andorra, who had voted against the bill, announced their intention to introduce civil unions instead; civil union legislation was introduced on 2 June 2014, and enacted on 25 December 2014.

Passage of legislation in 2022

On 10 March 2020, the three parties forming the governing coalition, the Democrats for Andorra, the

Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. __TOC__ Active liberal parties This is a li ...

and

Committed Citizens The Committed Citizens ( ca, Ciutadans Compromesos; CC) is a social liberal Andorran political party founded in 2011 for the municipal elections in La Massana. History The party's first election is the municipal election in La Massana. CC obta ...

, presented the draft of a bill to legalize same-sex marriage. It was consulted with the Bar Association and the Superior Council of Justice, before being submitted to the General Council on 24 November 2020. The government published its endorsement of the bill on 17 December. The legislation would create two forms of marriage;

(), open to both same-sex and different-sex couples, and "canonical marriage" () performed by the religious authorities, mainly belonging to the Catholic Church in Andorra. Both would confer the same legal rights and benefits. Marriage officers would not be able to refuse to preside over a civil marriage, except if they have notified the civil registry, at which point another marriage officer would solemnize the marriage. The bill was under

public consultation Public consultation (Commonwealth countries and European Union), public comment (US), or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, ...

until 13 April 2022, following more than 12 extensions in the midst of the

COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identi ...

, and was voted on by the General Council as part of a new family code on 21 July 2022. The articles regarding same-sex marriage were voted on separately and were approved with 18 votes in favour, 6 votes against and 1 abstention, while the rest of the code was approved unanimously. The law was

promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...

by Co-Prince

and published in the Official Bulletin on 17 August 2022. It will come into effect six months after publication (i.e. 17 February 2023). MP Carles Enseñat welcomed the vote, saying, "It is a law of a modern country that ensures the free development of citizenship and bases its success on the most primordial organizational nucleus — the family — with all its diversity". The law provides same-sex couples with all the legal rights, benefits and responsibilities of marriage, including the right of lesbian couples to access

artificial insemination Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatment ...

. The law recognizes two forms of marriage: ''casament civil'' and ''matrimoni canònic'', which according to article 78 have the same legal effects. Nevertheless, the Social Democrats opposed the law because they viewed the two forms of marriage as discriminatory. The party proposed an amendment during the parliamentary discussion to change the wording for civil marriage to ''matrimoni civil'', but it was defeated. Andorra was one of the last countries in

Western Europe Western Europe is the western region of Europe. The region's countries and territories vary depending on context. The concept of "the West" appeared in Europe in juxtaposition to "the East" and originally applied to the ancient Mediterranean ...

to legalise same-sex marriage. Article 74(2) (Title II, Chapter I, Section II) of the new Family Code reads: : : (''Marriage, celebrated in the form of a 'casament civil', shall have the same requisites and effects regardless of whether the persons involved are of the same or different sex.'') In October 2022, the Constitutional Court agreed to hear a case filed by the Social Democratic Party contesting the distinction between ''casament'' and ''matrimoni''. In December, the court ruled that the use of two different terms for marriage was unconstitutional. It found the concept of differentiating and defining ''matrimoni canònic'' to be discriminatory, given that same-sex couples, as well as non-Catholic couples, would not be eligible for them, and thus annulled the section of the law that distinguished between the two terms. The government issued a statement that it would respect the court ruling, and announced it would study the ruling to determine if any further modifications to the law would be needed.

Public opinion

According to a 2013 survey by the ''Institut d'Estudis Andorrans'', 70% of Andorrans were in favour of same-sex marriage, 19% were against and 11% were undecided or had refused to answer.

References

{{Recognition of same-sex unions in Europe LGBT rights in Andorra

2023 in LGBT history