Donate
Having received EU candidate status, Georgia expects a decision to begin negotiations with the European Union by the end of this year. Tbilisi was told that, among other things, it needs to strengthen the protection of vulnerable groups and to work more towards achieving gender equality. But instead, the ruling party is increasingly making homophobic attacks and talking about the possible adoption of a law against “LGBT propaganda” in Georgia. Local opponents, NGOs and media fear that the bill will restrict the rights and freedom of expression of the LGBT community. And Tbilisi’s Western partners warn: the bill could hinder Georgia’s European integration.
A law targeting the so-called “LGBT agenda”
In late February, the ruling party in Georgia came up with a new legislative initiative, a bill that, the party claimed, was targeting the propaganda of “pseudo-liberal values”. The initiative is aimed at “protecting Georgian citizens” from “pseudo-liberal ideology” and “its consequences”, in particular “LGBT propaganda”, said Georgian Dream executive secretary Mamuka Mdinaradze.
“LGBT propaganda is categorically unacceptable, as it is destructive for our future and for future generations. If we don’t draw a clear line on this issue, it could become destructive for a small nation like us,” Mdinaradze said.
At the same time, the executive secretary of the Georgian Dream, speaking about the preparation of the bill, referred to various scientific studies, however, without naming their source. Allegedly, those studies show that “LGBT propaganda” in other countries is leading to an increase in the number of people with non-heterosexual orientation.
“International studies confirm that in a number of countries where pseudo-liberal ideology is especially actively spreading, the number of people with non-traditional sexual orientation among 18-25 year olds is already about 20%, and in some places even more”.
Prime Minister of Georgia Irakli Kobakhidze also supported the legislative initiative. According to him, the most important thing is that draft law does not contradict the Constitution.
Mamuka Mdinaradze promised that the bill document would be published within two weeks. At the same time, as Mdinaradze noted, the law, if adopted, will come into force from the date of publication. However, a month after this statement, the ruling party had not presented the text of the document to the public.
At the same time, on March 25, Mamuka Mdinaradze said at a special briefing that the authorities are preparing constitutional amendments to clearly define guarantees of family values and protect minors. In the near future, he said, the party intends to initiate more specific changes to several dozen laws. The first will affect Article 30 of the Constitution of Georgia, which since 2017 contains a definition of marriage as a union between a man and a woman. According to Mdinaradze, a third paragraph would be added to this article with the following content: the protection of family values and minors is ensured by the Constitutional Law of Georgia, which is an integral part of the Constitution of Georgia. Then a constitutional amendment to the constitutional law of Georgia will be presented, which is called the “Constitutional Law of Georgia on Family Values and the Protection of Minors.”
Innovations also include a legislative ban on gender reassignment and adoption of children by non-heterosexual couples. Moreover, those wishing to adopt a child, according to the changes proposed by the Georgian Dream, will have to be officially married, and according to the already adopted amendments, marriage can only be concluded between a man and a woman.
Mdinaradze said that all amendments will be fully consistent with the current Constitution and will maintain a balance between the ban on the promotion of “non-traditional values” and the protection of human rights. But when asked whether sexual minorities would have the right to hold meetings and marches, Mdinaradze answered rather vaguely:
“If their meetings serve to protect rights and express freedom, their meetings or the meetings of other groups cannot be prohibited. But if you want any gathering to be dedicated to Pride and you want someone to promote and propagate this topic, then it will be prohibited.”
An attempt to lure Georgia’s conservatives, and an attack against Western values
Legislative changes, according to Mdinaradze, are planned to be adopted in two stages: first, to amend the Constitution, and then to dozens of laws. However, to amend the country's basic law, the support of 113 deputies in parliament is required. Georgian Dream does not have enough votes to change the Constitution. Mdinaradze noted that if the current parliament fails to make amendments, the party will try to do so in the next parliament, which will be elected in October 2024.
It is worth noting that this is not the first attempt to ban “LGBT propaganda” in the country. Back in May last year, such an initiative was put forward by the pro-Russian “Conservative Movement” together with the radical platform Alt-Info. However, then Mamuka Mdinaradze told reporters that the authorities do not plan to adopt this law.
But despite the fact that the project was not approved by the ruling party, subsequent statements by the leaders of the Georgian Dream indicated indirect support for this initiative from the government. At the same time, representatives of the ruling party increasingly began to make anti-LGBT statements not only within Georgia itself, but also on various international platforms. For example, speaking at a conference of conservatives in Budapest in April last year, then Prime Minister Irakli Garibashvili promised to protect “the majority from the minority”, quoted the Gospel and especially emphasized that the Georgian Constitution defines marriage as the union of a man and a woman.
The Georgian opposition believes that with such an initiative on the eve of the parliamentary elections this fall, Georgian Dream wants to gain support from the conservative part of society through a sensitive LGBT topic. On the other hand, as government critics note, this bill is an outright attack on the West.
In addition, according to constitutionalists, if amendments to Article 30 of the Constitution are nevertheless adopted, they may contradict Article 11 of the Constitution, which states that “all people are equal” and Article 17, which does not allow persecution of a person because of his opinions and expressions.
The Georgian opposition called the Georgian Dream initiative “Russian Law No. 2”
The new initiative of the Georgian Dream evokes associations among critics of the bill with the attempt to pass the law “On Foreign Agents” last year. Then, after mass protests that seized Tbilisi, the ruling party had to recall it. Now the new bill is called “another Russian law” and “Russian law No. 2.”
A law banning LGBT propaganda was adopted in Russia in 2013. Initially, it concerned only minor children. At the same time, the concept of “traditional values” firmly entered into Russian political usage and it was repeatedly used by Russian President Vladimir Putin in his addresses to the Federal Assembly. The list of “traditional Russian spiritual and moral values” first appeared in the “National Policy Strategy” in 2018.
In 2020, after amendments were made to the Constitution, the basic law of the Russian Federation prescribed the definition of marriage as a union of a man and a woman. And in the fall of 2022, the State Duma adopted a bill on a complete ban on LGBT propaganda, pedophilia and gender reassignment. It was later signed by Russian President Vladimir Putin.
Since the invasion of Ukraine, the Kremlin has often positioned itself as a defender of “traditional values” not only in Russia but throughout the world.
The Georgian Dream claims its anti-LGBT law was inspired by Hungary, not Russia
Georgian authorities deny the similarity of their bill with the Russian one. At the same time, wanting to create the appearance of commitment to European values, Georgian Dream chose Hungarian Prime Minister Viktor Orban as its “best friend” and partner in Europe. The Georgian authorities still declare their commitment to European and Euro-Atlantic integration, but in reality they are trying to repeat the experience of Hungary, political scientists say.
Orban himself is often criticized in Europe for restricting freedoms and for his friendly relations with Vladimir Putin. The topic of sexual minorities is a tool that is often used not only by the authorities in Russia, but also in Hungary. Under Viktor Orbán’s premiership in 2021, the so-called “anti-LGBT law” was passed, banning minors’ access to materials that “advertise or depict” homosexuality or gender reassignment. It is noteworthy that the ruling party of Hungary also came up with this initiative on the eve of the parliamentary elections in that country.
Local activists and human rights defenders called the legislation a Hungarian version of Russia’s 2013 law against “LGBT propaganda”, and the European Commission appealed to the European Court of Human Rights, deeming the Hungarian law a violation of fundamental rights and European values.
The EU warns Georgian Dream that the bill could hinder European integration
Against this background, Georgia’s Western partners have increasingly criticized the Georgian government for a rollback of democracy. This is reflected in numerous international reports. Brussels also criticized the Georgian government after the disruption of the Tbilisi Pride LGBT event in the country. A peaceful demonstration on July 5, 2021 ended in an attack on journalists by far-right groups. After this event, the embassies of 24 EU member states in Georgia and the EU Delegation addressed an open letter to the Georgian authorities, in which they stated that the incident had “cast a shadow” on relations between the EU and Georgia.
Now Georgia’s Western partners are saying that if the Georgian authorities pass a law banning “LGBT propaganda,” this will become a serious obstacle to the country’s European path. This was stated, in particular, on March 3 by Christian Petry, head of the German Bundestag delegation on EU issues, who was on a working visit to Tbilisi.
“It is very important if bills come from the public and thus enter parliament. But when it comes to the special case of LGBT people, I think a country and government are judged by how they treat different groups. All people should have freedom, regardless of their views, beliefs, or lifestyle. Without discrimination, without fear of fines and punishments. If such a law is adopted, it will become a real obstacle on Georgia’s European path” Christian Petry said.
The US State Department also expressed concern about the bill against “LGBT propaganda” initiated by the party in power.
“We are concerned about the expected content of this legislation. We are negotiating with the Georgian government and are waiting for the full text of the bill to be published, and after that we will be able to say more,” the US State Department said.
Having granted Georgia candidate status for EU membership at the end of last year, Brussels voiced a number of demands for Tbilisi. According to one of them, the country needs to improve the standard of human rights protection. This includes ensuring freedom of assembly and free expression, and investigating threats against vulnerable groups, media workers and civil society activists. However, according to Georgian experts, in pursuit of votes, the Georgian Dream on the eve of parliamentary elections this fall may sacrifice the country’s European future.
