LGBTQ Legal Status
Anti-Discrimination
limited
The history of LGBT rights in Lithuania is characterized by a "two-speed" reality: while the courts (and the EU) have pushed for rapid modernization, the parliament and public opinion have remained among the most conservative in the European Union.
Here is the historical overview of the legalization of homosexuality and gay rights in Lithuania.
Phase I: The Soviet Era (1940–1990)
As in Latvia and Estonia, the Soviet occupation brought the strict Soviet Penal Code, which criminalized male homosexuality.
1961: The Soviet Penal Code is applied to Lithuania. Article 122 criminalizes sexual acts between men with imprisonment of up to three years.
As in other Soviet republics, this law was frequently used by the KGB to blackmail dissidents.
1990: Lithuania becomes the first Soviet republic to declare the restoration of independence, but the Soviet laws initially remain in force during the transition.
Phase II: Independence & Decriminalization (1991–2000)
Lithuania moved to decriminalize homosexuality shortly after independence, primarily to meet the basic human rights requirements of the Council of Europe.
1992: The new Constitution of Lithuania is adopted.
Article 38 explicitly states: "Marriage shall be concluded upon the free mutual consent of a man and a woman."
This created a constitutional ban on same-sex marriage that remains the primary legal barrier today.
1993: Decriminalization. The Parliament amends the Penal Code to remove the ban on consensual same-sex acts.
Note: This was done relatively quietly compared to the public debates in Western Europe.
Phase III: EU Accession & The "Propaganda" Backlash (2001–2015)
As Lithuania prepared to join the EU, it passed necessary anti-discrimination laws. However, this sparked a severe conservative backlash, resulting in laws similar to Russia's "gay propaganda" ban.
2003: Age of Consent Equalized. To meet EU criteria, the discriminatory age of consent is removed and equalized at 14 for everyone.
2005: The Law on Equal Treatment enters into force, banning discrimination based on sexual orientation in employment and education.
2009/2010: The "Protection of Minors" Law. In a controversial move, Parliament passes the Law on the Protection of Minors against the Detrimental Effect of Public Information.
It banned information that "denigrates family values" or promotes a concept of marriage different from the Constitution.
This was effectively a "Gay Propaganda Law." It was used to censor children's books containing same-sex families (e.g., the famous Amber Heart case) and restrict Pride advertising.
Phase IV: The Courts Intervene (2016–2023)
With Parliament refusing to pass pro-LGBT legislation, the battle shifted to the courts. The Constitutional Court began dismantling discriminatory barriers one by one.
2019 (January): Residence Rights Ruling. The Constitutional Court rules that foreign same-sex spouses of Lithuanian citizens must be granted residence permits.
The Court declared that while marriage is man/woman, the constitutional concept of family is gender-neutral.
2023 (January): The Macatė Ruling. The European Court of Human Rights rules against Lithuania in the Macatė v. Lithuania case (regarding the censored children's book Amber Heart). It declares the "propaganda" restrictions illegal.
2022–2024: Various bills to legalize Civil Unions are proposed in the Seimas (Parliament). They are repeatedly debated, watered down, and stalled by conservative opposition.
Phase V: The Constitutional Breakthrough (2024–Present)
The most significant changes have occurred very recently. In a series of rapid judgments, the Constitutional Court forced the government's hand.
2024 (December): "Propaganda Law" Struck Down. The Constitutional Court finally rules that the provision of the 2009 law banning the "promotion" of same-sex relations to minors is unconstitutional.
2025 (April): Civil Union Mandate. In a landmark ruling, the Constitutional Court declares that the lack of a law recognizing same-sex couples is unconstitutional.
The Court orders Parliament to pass a Civil Union law.
2025 (August): First Judicial Recognition. Following the April ruling (and Parliament's slowness to act), a district court in Vilnius grants legal recognition to a same-sex couple for the first time, effectively bypassing Parliament.
2026 (Current Situation): As of early 2026, a new "Gender-Neutral Partnership" bill is pending in Parliament, designed to formally codify the court's ruling into national law, with a target implementation of 2027.
Historical Timeline
1993 : Decriminalization of homosexuality.
2003 : Age of consent equalized (at 14).
2005 : Employment discrimination banned (EU requirement).
2009 : "Protection of Minors" Act (De facto propaganda ban) passed.
2019 : Constitutional Court rules foreign same-sex spouses get residence rights.
2023 : ECHR rules against Lithuania's censorship of LGBT books (Amber Heart case).
2024 : "Propaganda ban" ruled unconstitutional.
2025 : Constitutional Court mandates Civil Unions (April).
2025 : First same-sex partnership recognized by a court (August).