The Basic Court in Podgorica concluded that the state had not discriminated against John M. Barac three years ago, which hindered his ability to be registered in the civil registry of same-sex partnerships.

This is a first-instance judgment stemming from a lawsuit filed by the LGBT Forum Progress three years prior.

The Chairperson of the Board of Directors for this NGO, Bojana Jokić, stated they have appealed to the High Court citing all legal grounds.

The LGBT Forum Progress decided to take legal action after Barac reached out to the Capital City’s registry office in 2022, seeking clarification on the registration process for Montenegrins entering civil partnerships abroad, as he intended to formalize one abroad and register it in Montenegro as a Montenegrin citizen.

Officials from the Capital City later informed Barac that he was not eligible to register subsequently. The lawsuit argued that the absence of secondary regulations for implementing the Same-Sex Life Partnership Act of 2020 caused legal ambiguity and led to discrimination based on both sexual orientation and life partnership status.

The Basic Court maintained that the process for establishing a life partnership between same-sex individuals in Montenegro is clearly defined, initiating with an application to the appropriate local government authority.

“The plaintiff did not demonstrate that John M. Barac submitted such an application, which would imply that the relevant authority would act on it or issue necessary administrative measures. The request was premised on claims that John Barac could potentially be discriminated against if he pursued a partnership abroad and later sought to register it in Montenegro. The judge, Mladen Paunović, concluded that petitions to state or local authorities require a formal request, which was absent in this case.”

The court also noted that current legislation allows for the registration of partnerships formed by Montenegrin citizens either in Montenegro or overseas, as well as partnerships of foreigners born in Montenegro.

“Thus, the court concludes that, under existing regulations, it is currently impossible for a Montenegrin citizen to register a partnership concluded abroad. However, this does not constitute discrimination against John M. Barac on any legally designated grounds, especially considering that marriages established overseas can be registered in domestic registries,” the verdict indicates.

The court found that, in this specific instance, it cannot be assumed that Barac belongs to a comparable group that would demonstrate discrimination on any grounds since he does not share the same circumstances as individuals wishing to register a marriage concluded overseas.

“Montenegro recognizes registered partnerships but only those established within its borders. The law regulates the exercise of human rights and freedoms, as necessary, and the court did not find this situation to indicate a legal vacuum. Since the law is explicit, there is no legal uncertainty about the expectation that such unions can be registered, as they are not recognized,” the verdict concludes.

In a comment to “Vijesti,” Jokić emphasized that the lawsuit seeks only one euro and does not demand any procedural costs, highlighting that its main aim is not financial gain but rather compelling the state to align its regulations with the law.

She stressed that “the court, as a guardian of constitutional and legal integrity in such matters, has a duty to ensure effective protection against discrimination, rather than exacerbating it through a strictly formal approach.”

“This ruling fails to interpret the Law on Same-Sex Life Partnership in line with its intent, instead imposing arbitrary divisions, which constitutes indirect discrimination based on sexual orientation,” she remarked.

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