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San Marino has recognized civil unions for both same-sex and opposite-sex couples since 5 December 2018. The law to permit civil unions became fully operational on 11 February 2019, following a number of further legal and administrative changes.
On 17 June 2012, the Grand and General Council passed a bill to allow foreign nationals in same-sex relationships with San Marino citizens to remain in the country legally. The bill stops short of giving any rights to these couples (apart from immigration) but was regardless hailed as a "historic step forward". Michele Pazzini, secretary of a San Marino LGBT association, said: "This is a little step towards the full recognition of same-sex couples." The bill was passed 33 to 20.[1]
In March 2016, three political parties announced their intention to introduce separate bills to Parliament to create a new gender-neutral partnership law that would expand the rights of all unmarried cohabiting couples. The largest party, San Marino Common Good, ruled out adoption rights for same-sex couples, while an opposition party included adoption in their draft. The center-left coalition partner, United Left, said that it was open to the idea of same-sex parenting and may bring the issue of stepchild adoption to a fourth proposal.[2]
In December 2017, after winning the November 2016 election, the center-left coalition (consisting of United Left, Future Republic and Civic 10) vowed to pass a civil union bill.[3] A popular initiative to legalise civil unions (Italian: unione civile, pronounced [uˈnjoːne tʃiˈviːle]); Romagnol: ugnôn zivìla, pronounced [uˈɲoə̯n θiˈvilɐ]) was introduced to the Grand and General Council on 18 December 2017, and passed its first reading on 7 March 2018.[4][5] Under the proposed law, civil partners would be granted health care benefits, pension rights and enjoy the same residency rights as married couples, among many other rights and benefits. The proposal was praised for going further than the Italian civil union law, approved in 2016, as it would allow for stepchild adoption. Additionally, children born during the civil union would be legally recognised as the children of both parents, and children born abroad would also be recognised.[6] A public consultation took place on 6 April 2018.[7] The government indicated that it would try to have the bill passed "as soon as possible".[8] On 27 September 2018, the Council Committee for Constitutional Affairs approved the bill by a 12–2 vote with some amendments; while now allowing for public ceremonies, the Committee conferred to the unions only a limited set of rights pertaining to marriage (residency, citizenship, pension rights, health care, succession rights, and stepchild adoption rights).[9]
On 15 November 2018, the Grand and General Council approved the bill at final reading by 40 votes to 4 with 4 abstentions.[10][11] The law was published in the Official Bulletin of the Republic of San Marino on 20 November 2018 and entered into force on 5 December 2018.[12] However, the bill required a delegated decree adding the necessary legal basis and a series of administrative adjustments to be adopted by the Congress of State before implementation. Director of the Civil Status Lorella Stefanelli said that February 2019 was a likely date for commencement.[13] In February 2019, Guerrino Zanotti, the Secretary of State for Internal Affairs, said the delegated decree would be adopted by the Congress of State within the next few days, allowing the Civil Status to implement the new law. The decree was ratified on 11 February 2019.[14][15] The first civil union in San Marino took place on 25 February 2019 between Emanuele Leuzzi and Marco Cervellini.[16][17]
A law which came into effect on 24 June 2021 further expanded the rights and benefits of civil partners. However, same-sex couples are still not permitted to adopt.[18]
In 2019, 36 civil unions were performed in San Marino, of which 13 were between same-sex couples.[19]
In April 2014, a Sammarinese man, who had married his partner in the United Kingdom, filed a petition to start a debate on the recognition of foreign same-sex marriages in San Marino.[20] On 19 September 2014, Parliament debated and rejected the proposed changes on a vote of 35–15.[21] On 8 April 2015, the same man attempted to register his marriage in the country, but was not successful.[22] In December 2017, the Parliament approved an amendment to a proposed 2018 budget law that would have allowed same-sex marriages for foreigners in San Marino, by 25 votes to 20. However, the government did not then draft the required legislation to implement the amendment.[23][24]
At San Marino's third Universal Periodic Review in November 2019, the Netherlands recommended that the government legalize same-sex marriage. The government "noted" (rejected) this recommendation.[25]
A 2016 survey by La Tribuna Sammarinese found that 78% of Sammarinese were in favour of same-sex civil unions.[26]
