The Czech Republic is often considered the second most (Slovenia being the most) progressive former Eastern Bloc country in regards to lesbian, gay, bisexual, and transgender (LGBT) rights. In 2006, it legalized registered partnerships (Czech: registrované partnerství) for same-sex couples, and a bill legalizing same-sex marriage was being considered by the Parliament of the Czech Republic before its dissolution for the 2021 Czech legislative election, when it died in the committee stage. Now, in 2023, the bill is back in the Czech parliament waiting for the members of the Chamber of Deputies to take the vote.
Czech law bans discrimination on the basis of sexual orientation and gender identity. A 2013 Pew Research Center poll showed that 59% of Czechs thought that homosexuality should be accepted by society, the highest rates among the Eastern Europe countries surveyed. Opinion polls have found increasing levels of support for same-sex marriage, with more than 67% of Czechs supporting the legalization of same-sex marriage as of 2020. Numerous Czech-based corporations have declared an open letter requesting same-sex marriage within the nation, which was sent on 6 September 2023. The capital city of Prague is internationally famous and notable for its vibrant LGBT nightlife, community, and openness.
Legality of same-sex sexual activity
Same-sex sexual activity was decriminalized in 1962 after scientific research by Kurt Freund led to the conclusion that homosexual orientation cannot be changed (see the History of penile plethysmograph). The age of consent was equalized in 1990 to 15 – it had previously been 18 for homosexuals. The Army does not question the sexual orientation of soldiers, and allows homosexuals to serve openly. Homosexual prostitution was decriminalized in 1990.
Recognition of same-sex relationships
There is legal recognition of same-sex couples. Since 2001, the Czech Republic has granted "persons living in a common household" inheritance and succession rights in housing, as well as hospital and prison visitation rights similar to married heterosexual couples.
A bill legalizing registered partnership, with some of the rights of marriage, was rejected four times, in 1998, 1999, 2001 and 2005. However, on 16 December 2005, a new registered partnership bill was passed by the Czech House of Representatives; it was adopted by the Senate on 26 January 2006, but later vetoed by President Václav Klaus. On 15 March 2006, the President's veto was overturned by the Chamber of Deputies and the law came into force on 1 July 2006. Since this date, the Czech Republic has allowed registered partnerships for same-sex couples, with many of the rights of marriage (except for adoption rights, joint taxes, and the title marriage).
On 12 June 2018, a bill to legalise same-sex marriage, sponsored by 46 deputies, was introduced to the Chamber of Deputies. In response, three days later, a group of 37 deputies proposed a constitutional amendment to define marriage as the union of a man and a woman. The bill allowing same-sex marriage requires a simple majority in the Chamber of Deputies, whereas constitutional amendments require 120 votes. On 22 June 2018, the Government announced its support for the same-sex marriage bill. A vote on the same-sex marriage bill was expected to take place in January 2019, but it was moved to March 2019, and ultimately lapsed with the October 2021 election. In 2023, the Czech government indicated that the legislation of same-sex marriage rights may be reconsidered.
Adoption and family planning
Same-sex couples are currently unable to legally adopt. Singles and lesbian couples do not have access to IVF treatments in the country.
In June 2016, the Constitutional Court struck down a ban which forbade people living in registered partnerships from adopting children as individuals. The Government announced its intention to repeal this law upon the pronouncement of the Constitutional Court. In October 2016, a proposal giving couples in registered partnerships the right to adopt their stepchildren was sent to Parliament. Jiří Dienstbier Jr., Minister of the Czech Republic for Human Rights and Equal Opportunities, said that "It’s about securing that the other partner has a legal relationship with the child". The bill died as it was not discussed before the 2017 Czech legislative election.
As of 2019, joint and stepchild adoption by same-sex couples remain illegal. They are being considered as part of a bill to legalise same-sex marriage introduced to the Chamber of Deputies.