Lithuania: Constitutional Court Overturns LGBTI Families Ban

Lithuania’s Constitutional Court has ruled that a longstanding ban on public depictions of LGBTI+ families is unconstitutional and must be repealed.

The Law on the Protection of Minors from Negative Effects of Public Information, in force since 2009, prohibited the depiction of LGBTI+ families in the public sphere. This law effectively stifled representation at public events and in the media.

In 2012, a Baltic Pride advert was only permitted to air after 11 PM with an “adults only” rating. Similarly, the children’s LGBTI-inclusive fairy tale book Amber Heart by Neringa Dangvydė faced censorship in 2014 when the Lithuanian University of Educational Sciences halted its publication, labelling it as “homosexual propaganda.” 

In its ruling, the Constitutional Court determined that information about diverse family models and interpersonal relationships cannot be automatically deemed inappropriate for minors.

The court also found that the law hindered minors’ development into mature, well-rounded individuals.

It declared the provisions incompatible with the state’s constitutional duty to ensure harmonious and comprehensive child development and to uphold respect for human rights, dignity, and the democratic values of equality, pluralism, and tolerance.

Lithuania’s LGBTI+ rights association, LGL, noted that while enforcement of the law had decreased in recent years, its existence continued to cast a shadow over Lithuania’s LGBTI+ community.

The provision created a significant “chilling effect,” leading to self-censorship among LGBTI+ individuals, organisations, and media outlets.

“This ruling represents a significant step forward for LGBTI+ rights in Lithuania, particularly in ensuring that young people have access to inclusive and comprehensive information about diverse family structures and relationships,” LGL stated.

The organisation added, “The decision upholds the constitutional understanding that family, as a protected institution, can be formed on bases other than marriage, and emphasises the importance of providing youth with information that reflects real social relationships and promotes respect for human rights and dignity.”

Katrin Hugendubel, Advocacy Director at ILGA-Europe, described the ruling as a “landmark” that “marks a significant step towards ensuring that the rights of LGBTI people are respected in Lithuania.”