Same-Sex Marriage Legal in Kosovo?
September 12, 2014 by Ashley Fowler, Assistant, HRC Global
During a visit to SMU Dedman School of Law in Dallas, Texas, the President of the Constitutional Court of Kosovo, Enver Hasani, stated that same-sex marriage is legally permissible in Kosovo.
This declaration came in response to a question that Hasani received during his presentation entitled “The Role and Position of the Constitutional Courts in South East Europe with Special Reference to Kosovo.”
When asked if same-sex marriage was permitted in Kosovo, Hasani responded, “The way the Constitution defines marriage it is very obvious that it allows same-sex marriage without any problem.”
Article 37 of the Constitution of Kosovo addresses the issue of marriage, stating “Based on free will, everyone enjoys the right to marry and the right to have a family as provided by law.” The vague wording does not mention gender or sexual orientation and can therefore be interpreted as more inclusive.
Despite this positive revelation, Hasani reminded the audience that the “Constitution does not reflect the material structure of Kosovo society.” He likened this to other Eastern European countries, such as Croatia, where legal advancements are often met with social backlash. Fearing the legalization of same-sex marriage, Croatia recently held a referendum that successfully altered the Constitutional definition of marriage to exclude same-sex couples.
Watch the full video of Enver Hasani’s presentation below The question and response pertaining to same-sex marriage in Kosovo appear around 39:00
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