EKRE proposed questions a civil rights examination

Andrei Korobeinik. Photo: Urmas Luik

Member of the Riigikogu Democracy Working Group Andrei Korobeinik (Center) disclosed draft questions for the spring marriage plebiscite suggested by the Conservative People’s Party (EKRE) on Wednesday: “Does the Republic of Estonia recognize marriage only as a union of a man and a woman?” Or alternatively: “Is marriage only valid in Estonia as a union of a man and a woman?”

While the spring plebiscite has no legal bearing, Korobeinik told public broadcaster ERR that the legality of the phrasing of the questions matters and that a legal analysis has been commissioned. “The legal assessment will determine whether the question can be asked in this form. And whether Estonia can refuse to recognize a marriage between two women, for example, if they come from Sweden,” he explained. The contractor has not been picked yet. “That remains unclear and we are looking into this matter unofficially for now – I do not know what will happen next,” Korobeinik later told Postimees. The member of the Democracy Working Group said he does not believe the draft questions will stand for long. “I would not bet on either of the questions standing, but time will tell,” Korobeinik said.

Sworn lawyer Carri Ginter said that such questions would simply test people’s knowledge of the law and that commissioning this kind of a legal analysis from the people would be a rather expensive and inefficient hobby. “The questions are of legal nature and therefore unsuitable,” the lawyer said. Looking at the legal situation, this phrasing could come off as one great bubble. “Section 1 of the Family Act provides that marriage can be entered into by a man and a woman,” Ginter said. On the other hand, the Supreme Court decided last summer that Estonia recognizes same-sex marriages entered into abroad and in accordance with international laws. “This means that the Estonian state recognizes same-sex marriage – it simply needs to be entered into abroad,” the legal expert said.

A person looking to answer the proposed questions simply needs to look at the Constitution and the register of judgments and provide the only correct answer. “It is impossible to say, when answering the question, that it is not recognized in Estonia in a situation where the Supreme Court has already recognized it,” Ginter emphasized. “People providing yes or no answers to these questions can be given an F.”

Head of the non-parliamentary Estonian Greens party Züleyxa Izmailova agrees with Ginter. Current legislation only makes it possible to answer “yes” to both questions as Estonia has no other forms of marriage. “While this government has caused people to put their heads in their hands in the past, spending €1.8 million on a nationwide legal exam is a new level even for this coalition,” Izmailova said.

Minister of Education and Research Mailis Reps (Center) explained that the questions are first drafts and have caused more media noise than they’re worth. She said that the questions are far from being the final result.  “Andrei Korobeinik said that EKRE presented us with two options. We replied that first, we want to see whether they are legally sound and consult Chancellor of Justice Ülle Madise. I do not know why Andrei decided to disclose those questions in so much detail. I suppose he decided it would be interesting. But they do not reflect an agreement yet. Madise said she would definitely analyze the drafts. Their phrasing could change to a notable degree yet,” Reps said, adding that too much attention is being paid to the draft questions.