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GD Pushes for Anti-LGBT Constitutional Law

On March 25, Mamuka Mdinaradze, the leader of the Georgian Dream parliamentary majority, at the briefing, held at the office of the ruling Georgian Dream party announced the initiation of two draft constitutional laws on the “protection of family values and minors.”

According to Mdinaradze, the Parliament will vote on the amendment to the Article 30 of the Georgian Constitution, which defines the rights of marriage and the rights of the mother and child. According to him, a new paragraph will be added to the Art. 30 stipulating that “the protection of family values and minors will be ensured by the constitutional law.”

Mdinaradze also outlined the proposed tenets of the proposed draft constitutional law.

  1. The legislation regulates only a relationship similar to marriage, which provides for the union of a genetically male and a genetically female who are at least 18 years old;
  2. Adoption or fostering of a minor is allowed only by spouses married in accordance with the Constitution and laws of Georgia or by a heterosexual person;
  3. Any medical intervention related to changing a person’s sex is prohibited;
  4. The document issued by the state or local self-government shall indicate only the female or male sex corresponding to his/her genetics;
  5. Any decision by a public authority or individual person that directly or indirectly restricts the use of terms defined by gender is null and void;
  6. Gatherings aimed at popularizing same-sex family or intimate relationships, incest, adoption or foster care of a minor by a same-sex couple or a non-heterosexual person, medical interventions related to gender reassignment, or the non-use of gender-specific terminology are prohibited;
  7. Distributing a work, program, or other material with content aimed at popularizing same-sex family or intimate relationships, incest, adoption or foster care of a minor by a same-sex couple or non-heterosexual person, medical intervention related to gender reassignment, or non-use of gender-specific terminology is prohibited;
  8. Providing information in the educational process of a public or private educational institution aimed at popularizing same-sex family or intimate relationships, incest, adoption or foster care of a minor by a same-sex couple or non-heterosexual person, medical intervention related to gender reassignment, or the non-use of gender concepts is prohibited.

Mdinaradze also said: “In the very near future we will also initiate relevant and more concrete amendments to legislation, which will be several dozen laws. The amendments will be in full compliance with the current Constitution” he said, noting that in the long term these will be followed by introduction of the constitutional amendments as well.

According to Mdinaradze, the ruling party believes that the opposition will not vote for the constitutional amendment and the constitutional law, although he added that the majority hopes that they will be adopted after the October elections, at the next convocation of Parliament.

The announcement of plans for constitutional legislation to protect family values and the rights of minors comes weeks after Mdinaradze announced the ruling majority’s intention to draft what he called an “anti-LGBT propaganda” law. In response to criticism that such a law would violate the Constitution, the ruling majority had announced that it wouldn’t draft the anti-constitutional law, and instead announced today the plans to amend the Constitution.

Constitutional laws are an integral part of the Georgian Constitution, although they are not directly included in the text of the Constitution. In order to adopt such a law, 3/4 (113 votes) of the MPs must vote in its favor. If at least two-thirds of the full composition of the parliament (100 votes) are in favor of the changes, then the support of the next Parliament will also be required, to pass the law, with no less than 100 votes.

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