Same-sex unions have been recognised in the

microstate A microstate or ministate is a sovereign state having a very small population or land area, usually both. However, the meanings of "state" and "very small" are not well-defined in international law. Some recent attempts to define microstates ...

Monaco Monaco, officially the Principality of Monaco, is a Sovereign state, sovereign city-state and European microstates, microstate on the French Riviera a few kilometres west of the Regions of Italy, Italian region of Liguria, in Western Europe, ...

since 27 June 2020. On 4 December 2019, the National Council passed a bill establishing cohabitation agreements, offering both same-sex and opposite-sex couples limited rights and benefits in the areas of inheritance and property. The law took effect on 27 June. In March 2022, a court ordered the government to recognize a

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

validly performed in the United States. This ruling was upheld by the Court of Appeal, but the decision was overturned by the Court of Revision on 18 March 2024.

Cohabitation agreements

The legislative process leading to the recognition of same-sex couples started in the early 2010s. In November 2010, an interview mentioned that Jean-Charles Gardetto, a member of the National Council and lawyer, was preparing a draft bill intending to legally define

cohabitation Cohabitation is an arrangement where people who are not legally married live together as a couple. They are often involved in a Romance (love), romantic or Sexual intercourse, sexually intimate relationship on a long-term or permanent basis. ...

, either for heterosexual or for homosexual couples. On 18 June 2013, the opposition Union Monégasque party submitted a bill to Parliament to establish gender-neutral cohabitation agreements. The bill was immediately sent to the Women and Family Rights Commission for consideration. In July 2015, the commission's president said that debate on the bill would begin in late 2015. Originally submitted as , the bill was amended to establish a "cohabitation agreement" (, ; Monégasque: , ). The bill's rapporteur, Jean-Louis Grinda, submitted his report on 7 September 2016. It noted that the Monegasque administration has recognised

concubinage Concubinage is an interpersonal relationship, interpersonal and Intimate relationship, sexual relationship between two people in which the couple does not want to, or cannot, enter into a full marriage. Concubinage and marriage are often regarde ...

since 2008, and that the

European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...

considers non-recognition of same-sex relationships to be contrary to the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...

as per its ruling in '' Oliari and Others v Italy''. On 27 October 2016, the National Council unanimously approved a resolution mandating the Council of Government to draft a bill recognizing same-sex unions. On 27 April 2017, the Council responded positively to the proposal, and said it would introduce a draft law by April 2018 following the February 2018 elections. The cohabitation agreement bill was introduced to the National Council on 16 April 2018. Under the bill, cohabiting same-sex and opposite-sex couples would be considered on par with siblings for

inheritance tax International tax law distinguishes between an estate tax and an inheritance tax. An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and pro ...

but not at the same level as married couples. The agreement, which is open to siblings and parents and children as well, also provides an enumerated set of

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, re ...

and

social security Welfare spending 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 specifically to social insurance ...

rights, and reciprocal obligations. The ''contrat'' is signed in front of a notary and then deposited at a public registry. The agreement provides some but not all of the rights of

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

. For example, a foreign partner is not eligible for Monegasque citizenship, and both partners cannot share the same surname. On 4 December 2019, the National Council approved the bill in a unanimous 22–0 vote. The legislation was signed into law by Prince Albert II on 17 December 2019, published in the official journal on 27 December and took effect six months later (i.e. 27 June 2020). Several lawmakers criticized the "hypocritical" opposition of

Catholic The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...

officials, notably

Archbishop In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdi ...

Bernard Barsi who had written to all deputies urging them to vote against the bill, noting that the law concerned solely civil matters and not

religious Religion is a range of social- cultural systems, including designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relate humanity to supernatural ...

ones. Many deputies called the law "long overdue", and President of the National Council Stéphane Valeri called it "great news for all couples".

Same-sex marriage

Background

Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

is not recognized in Monaco. The Civil Code of Monaco does not explicitly ban same-sex marriages, but article 116 requires "the man" and "the woman" to be at least 18 years of

age Age or AGE may refer to: Time and its effects * Age, the amount of time someone has been alive or something has existed ** East Asian age reckoning, an Asian system of marking age starting at 1 * Ageing or aging, the process of becoming older ...

to marry. The

Constitution of Monaco The Constitution of Monaco, first adopted in 1911 after the Monégasque Revolution and heavily revised by Prince Rainier III on 17 December 1962, outlines three branches of government, including several administrative offices and a number of co ...

does not restrict marriage to opposite-sex couples. On 10 March 2022, a lower court ruled that the government had to register the marriage of a dual Monegasque-American same-sex couple who had married in Michigan in August 2019. The couple had applied to register their marriage in Monaco in February 2020, but the civil registrar refused to do so on the basis that their marriage "contravened the Monegasque public order" and that the Civil Code did not recognize same-sex marriages. The lower court held that the marriage was legally valid and did not violate the Monegasque public order. It ordered the government to register the marriage and provide the couple with all the rights and benefits of marriage. An appellate court upheld the decision on 28 September 2023. However, the appeal decision was overturned by the highest court, the Court of Revision, on 18 March 2024. An organisation campaigning for the legalisation of same-sex marriage in Monaco, , was officially created in May 2024. In June 2024, the High Commissioner for the Protection of Rights, Liberties and for Mediation, Marina Ceyssac, published a government report recommending enhancing the rights of same-sex couples in accordance with European case law but stopped short of calling for the legalization of same-sex marriage. Councilwoman Béatrice Fresko-Rolfo said that same month that she was "prepared to act" to introduce legislation recognizing foreign same-sex marriages.

Religious performance

In May 2015, the

United Protestant Church of France The United Protestant Church of France () is the main and largest Protestant church in France, created in 2013 through the unification of the Reformed Church of France and the Evangelical Lutheran Church of France. It is active in all parts of ...

, which has one

parish A parish is a territorial entity in many Christianity, Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest#Christianity, priest, often termed a parish pries ...

in Monaco, voted to allow its pastors to bless same-sex marriages. The measure, which was passed by 94 votes to 3, also includes a freedom of conscience clause allowing pastors with objections to opt out. The

Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...

opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the

Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...

published '' Fiducia supplicans'', a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.

Public opinion

According to a survey conducted in 2007 by the Union pour Monaco (UPM) party before the 2007 municipal elections, 51% of the respondents (only native Monegasque inhabitants asked) agreed that living in a registered partnership should be accepted. Monegasques being a minority in Monaco, the survey is not representative of the entire public's opinion.

References

External links

* {{Status of same-sex unions LGBTQ rights in Monaco