A Georgian lawyer has appealed to the constitutional court to legalise same-sex marriages, the first attempt to introduce LGBT rights in the conservative, predominantly Orthodox Christian country.

Civil rights lawyer Giorgi Tatishvili says a law that defines marriage as only a union between man and a woman is against the constitution.

Georgia and the rest of the Caucasus are known for widespread homophobia. Three years ago an LGBT rally in Tbilisi was stormed by a crowd led by priests from the country’s influential Orthodox Church.

The church’s ruling body, the Patriarchy, distanced itself from the violence then and has recently called for police protection for Tatisvhili, suggesting his safety may be at risk.

“Although we find his initiative, let alone the passing of a [same-sex marriage] law, condemnable and completely unacceptable, acts of violence are also unacceptable,” the Patriarchy said in a statement. Tatishvili has not responded.

Human rights activists have also distanced themselves from Tatishvili’s petition amid concerns that it may lead to a backlash and further marginalise Georgia’s LGBT community.

“In an environment where LGBT groups are virtually banished from the public space… it is all but science fiction to speak about gay marriage and request the constitutional court to weigh in on it,” said Lasha Kavtaradze, spokesperson for the Human Rights Education and Monitoring Centre.



Georgian Ombudsman Ucha Nanuashvili said the constitution was not specific about gender and marriage. “The constitution defines ‘family’ as a union between spouses,” he told local media. “It does not mention a man and a woman, which is what the civil code says. It is hard to say if the constitutional court decides that this article of the civil law contradicts the constitution.”

In Georgia, attitudes towards sexual orientation are linked to political orientation. While the country is largely pro-west, LGBT rights continue to feature as a sticking point towards moving closer to the European Union.

In 2014, on the eve of Tbilisi’s signature of an association agreement with the EU, pro-Russia groups and tabloids raised the prospect that this would lead to the eventual legalisation of same-sex marriage.

To receive the church’s blessing for the agreement, former EU commissioner Štefan Füle assured the Patriarchy that the treaty had no implications for policy on gay marriage.

The EU was also compelled to issue a so-called Myth Buster that emphasised respect for Georgian values and noted that “not even EU member states are required to legalise gay marriage and several don’t recognise it”.

A version of this article first appeared on Eurasianet.org