July 22, 2015

Armenia to have a Constitutional ban on same-sex marriage

On July 15, a state commission formed by President Serzh Sargsyan on publicized its draft constitutional amendments envisaging Armenia’s transformation into a parliamentary republic with a largely ceremonial head of state not elected by popular vote.

Under the new Constitution, the president of the republic will be elected by an electoral college consisting of National Assembly members and representatives of local government bodies. It is widely believed that President Sargsyan has initiated the reform to be able to stay in power in some other capacity after completing his second and final presidential term in 2018.

 Lawmakers discussing plans to amend Armenia's constitution back in 2005 expressed broad support for a ban on same-sex marriages. 10 years later we still witness the same intention. The Constitutional amendments refer to changes for the freedom of marriage. Article 35 of the (current) Constitution of The Republic of Armenia states: Men and women of marriageable age have the right to marry and found a family according to their free will. They are entitled to equal rights as to marriage, during marriage and divorce. Article 34, in contrast, according to the amendments, states: Men and women of marriageable age have the right to marry with each other and found a family according to their free will. Thus, the new Constitution is limiting the freedom of marriage to opposite sex, Armenia is to join the countries who have a constitutional ban on same-sex marriage.

The draft Constitution is expected to be completed by early August. Subsequently, the draft shall be submitted to the President. If approved, it will be introduced to the National Assembly, and then a Referendum Day will be set.

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