General description of the
situation of homosexuals in Lithuania
Gay men and lesbians have
long been a discrete minority in Lithuania facing widespread social
prejudice and institutionalised discrimination. Before the Soviet
occupation of Lithuania in 1940, there were no laws criminalising
homosexual activity. At the same time, no information has so far been
uncovered regarding lesbian or gay meeting places, or existence in the
first half of this century of homosexual associations or publications.
From 1940 homosexual acts
were criminalised and carried severe penalties under Soviet
legislation. The law against consensual gay male contact remained
essentially unchanged throughout the sixty years of its existance in
Soviet Union and fifty three years of its validity in Lithuania.
Before its repeal in 1993, it existed in its 1960 edition:
Article 122. Man
Lying With Man: Sexual relations between men (man lying with man)
shall be punishable by incarceration for a period of up to five years.
Independant Lithuania
inherited Soviet prejudice and taboo on homosexuality. Homosexual acts
were criminalised for three years since Lithuania declared
independance from Soviet Union in 1990. Ministry of Justice denied the
registration of the first national homosexual association in 1992. The
repeal of sodomy law had been hammered out in legislation committees
with no input from openly gay people. It was done under the
international pressure of homosexual and other groups elsewhere in
Europe and the insistence of the Council of Europe that Lithuania
conform to basic human rights standards in order to gain membership.
In Lithuania, there are
no laws to protect lesbians and gay men against discrimination. The
draft version of the revised Penal Code neglects to include
anti-discrimination legislation regarding sexual orientation. The old
Soviet Civil Code exclude same-sex partners. Lesbians and gay men
therefore face discrimination in inheritance, insurance, pension,
child custody, etc. The unofficial marriage ceremony of two gay men in
one of biggest churches in 1997 was condemned in media by Catholic
church officials. The international research on human values reveals
that Lithuania had the lowest index on acceptance of homosexuality in
Europe in 1991. In 1997 it went up from 1,3 to 1,86 but is still
amongst the lowest together with Poland and Hungary. Negative
attitudes towards lesbians and gay men are extremely strong among
older nationalist catholic citizens. Unfortunately this outlook is
reflected in the policies of social institutions, particularly
education and health services, which for the most part, deny the very
existence of lesbians and gay men in this society. The President and
the Speaker of the Parliament denied to speak about the situation of
homosexuals in a recent television talkshow. The official registration
of Lithuanian Gay League was delayed for a significant period by the
Ministry of Justice, which insisted that since the word "gay" does not
exist in the Lithuanian language, no group with that word in its name
could be registered. The national health magazine sponsored by the
Ministry of Health recently published a condemning article and labeled
homosexuals as sick and perverted. The government run Youth Council
denied funding for gay and lesbian human rights project. The negative
reaction of the Catholic church has not only blocked initiatives at
Government level, but has also contributed to a situation where many
lesbians and gay individuals in Lithuania feel compelled by fear to
remain in the closet. |