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Foreign same-sex marriage not recognized by Czech authorities

Staff Writer |
Two men's marriage registered in the Netherlands as a formal marriage was not recognized by the Czech officials, said on Monday in the decision of the Supreme Administrative Court of the Czech Republic.

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In 2015, one of the partners contacted the local municipal authority office of the Czech city of Brno in order to report his marriage status that was registered in the Netherlands. Czech officials did not satisfy the applicant's request.

The couple could have appealed to Brno Municipality office or Regional Court, but hadn't succeeded on time.

In their subsequent cassation appeal, both partners pointed out alleged discrimination based on sexual orientation. The complaint also mentioned interference with their dignity, equality, the right to family and private life.

The Supreme Administrative Court had not found any violation of the fundamental rights.

"The authority of the first instance was entitled to register the men's union only as a registered partnership because this is the only form acknowledged by the Czech legislation as a permanent legally established cohabitation of two persons of the same sex," commented chairman of the Supreme Administrative Court Miloslav Vyborny as the cassation complaint had been dismissed.

The authorities acted based on only possible way stipulated by law, as said in the decision of the Court.

Same-sex marriages are officially allowed in the Netherlands, whereas in the Czech Republic they are prohibited.

Czech authorities, however, have a registered partnership legislation, which forms another legal institute that brings only a part of the benefits associated with marriage. According to the Czech legal order, a marriage is exclusively considered as a union between a man and a woman.

There have been controversial views among Czech parliamentarians and party leaders over homosexual marriages to be allowed in the country. Some of the officials would support the project allowing people of the same sex to have the same rights and obligations as in a formal marriage.

The other part, on the contrary, wants to constitutionally protect a marriage as a traditional union between a man and a woman.

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