Today the Slovenian Constitutional Court published a decision with which it declared as unconstitutional a legal provision requiring for same-sex partnership registration to be done at the official administrative office premises only. This decision is similar to the one of the Austrian Constitutional Court from 2013.

The case was initiated by a lesbian couple (both attorneys at law) who wanted to perform the registration ceremony on a romantic hill, in the midst of greenery and under a white tent. They asked the local administrative office to make this possible and were refused, as the law only provides for registration to be carried out in the official premises of the administrative office. They challenged the refusal decision before the Administrative Court, invoking the constitutional prohibition of discrimination. The Admin Court interrupted the procedure and asked the Constitutional Court for constitutional review of the stated provision. The latter found discrimination based on sexual orientation. It ordered the National Assembly to amend the law within 6 months. In the meantime the ceremonies may also be performed outside the official premises, it stated.

The Judgment

Neza Kogovsek