Lithuanian Referendum Initiative Deemed Unconstitutional

A proposed referendum initiative in Lithuania is facing strong criticism for its alleged unconstitutionality, particularly regarding its attempt to redefine the concept of family. The article argues that the initiative, which seeks to establish marriage between a man and a woman as the sole basis for legal family recognition, is a politically motivated maneuver.

The author suggests the referendum's true purpose is to mobilize voters, especially those with far-right and pro-Russian leanings, by introducing a polarizing national issue. This, it is claimed, distracts from specific, knowledge-based decisions required for local governance. The initiative has garnered support from 63 members of parliament across various factions, including legal professionals and the Minister of Justice, raising concerns about their adherence to constitutional principles and professional ethics.

The core legal argument revolves around the definition of family. The proposed referendum question uses the word "only," aiming to restrict legal family recognition to marriage between a man and a woman, along with motherhood and fatherhood. This contrasts with the current constitutional understanding, which, according to the Constitutional Court's interpretations, encompasses a broader concept of family life. This broader definition includes family life arising from other grounds, such as registered partnerships, characterized by mutual responsibility, understanding, emotional bonds, and mutual support.

The article strongly refutes claims that the Constitutional Court misinterpreted the constitution. It asserts that the Court's rulings, based on a systemic interpretation of constitutional provisions and values like human dignity, equality, and non-discrimination, are legally sound. The author emphasizes that the Constitutional Court is the sole official body authorized to interpret the constitution for the nation, a competence that cannot be usurped by any politician or political group.

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The Constitutional Court is the only institution officially and obligatorily authorized by the Nation to interpret the Constitution for everyone, and no one (no president, other politician, group of them or party) can claim this competence.