Gay activists in Kosovo are calling for same-sex couples to challenge the country's constitution, which they say is ambiguous and at variance with Kosovo's stated European values.
They say that if a gay couple wishes to marry in Kosovo, it is not clear if this is possible because while Article 37 of the constitution says that "everyone enjoys the right to marry", Article 14, of the Law on Family, specifies that those who enter in a marriage should be of different sexes.
“Marriage is a legally registered community of two persons of different sexes, through which they freely decide to live together with the goal of creating a family,” Article 14 reads.
“As the constitution is the most important legal act, this means that the law is unconstitutional,” Rina Braimi, from the Pristina-based Centre for Equality and Liberty, CEL, told BIRN.
Teauta Hoxha, director of the Youth Initiative for Human Rights, YIHR, says the law on the family needs first to be challenged by a gay couple.
“It is possible for this law to be declared unconstitutional - but for such an act we must have a case to challenge the law, and unfortunately no couple has done this so far,” Hoxha told BIRN. "Kosovo is one of the most homophobic places in region, so there is a fear about challenging the law and having it declared unconstitutional,” he explained. Read more via Balkan Insight