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COBALT provides pro bono legal assistance to the Association of LGBT and their friends Mozaīka in the proceedings before the Constitutional Court regarding same-sex couples’ family rights

2021-04-12

Cobalt provided legal assistance to Association of LGBT and their friends Mozaika as Amicus Curiae in the Constitutional Court case regarding the amount of state fee that is applicable to testator’s same-sex partner.

The Constitutional Court ruled that Clause 13 of the Cabinet of Ministers Regulations No. 1250 insofar as it is applicable to a same-sex partner of the deceased, who compromised family, does not conform with Article 110 Paragraph 1 of the Constitution of the Republic of Latvia and is void as of 1 June 2022.

The Constitutional Court found that in accordance with the applicable regulatory enactments the State legally “does not see” existing same-sex families, because they have not been granted with an opportunity to legally establish their family relationship. Therefore, the existing system of family protection and support in Latvia, which among other things includes the contested norm, does not protect the families of same-sex partners neither legally nor economically or socially. Thus, the Constitutional Court concluded that the contested norm insofar as it is applicable to the same-sex partner of a deceased person, with whom family ties were established, does not conform with Article 110 Paragraph 1 of the Constitution.

COBALT team including Managing Partner Lauris Liepa and Associate Gabriela Šantare was honoured to provide legal advice in this case.