Roumanie: le mariage gay, catalyseur des luttes

Par le 15 octobre 2018

Depuis presque 20 ans maintenant, au-delà d’être un droit, le “mariage gay” est devenu un véritable enjeux des échiquiers politiques mondiaux. Entre légalisation du mariage, de l’Union civile ou encore même dépénalisation de l’homosexualité, la situation mondiale est encore loin d’être arrêtée, et dans un contexte européen de légalisation progressive du mariage homosexuel, le cas récent de la Roumanie est tout à fait exceptionnel. De quoi parle-t-on ? Que signifie le vocabulaire qui circule autour de cette légalisation ? Quels enjeux cristallise-t-elle en Roumanie ? Vous saurez tout !

Les trois étapes de la légalisation du mariage homosexuel

La dépénalisation de l’homosexualité

La dépénalisation de l’homosexualité, c’est le fait de supprimer toute les peines liées à celle-ci. Par exemple, on considère généralement que la dépénalisation de l’homosexualité a eu lieu, en France, en 1791, quand le Code Pénal adopté choisit de ne pas mentionner comme un crime la sodomie, dépénalisant ainsi indirectement l’homosexualité. Dans cette situation, si l’homosexualité n’est pas interdite, elle n’a aucun cadre civil, ce qui la rend alégale (hors des lois).

La légalisation de l’Union Civile

L’Union Civile, c’est la reconnaissance par l’Etat d’un couple homosexuel. Ainsi, l’homosexualité est non seulement admise mais également reconnue par les institutions. En France, on fixe à 1999 et à la loi PACS la légalisation de celle-ci. Elle permettait au couple de d’être reconnu comme tel, mais pas d’être considéré comme une famille, ce qui leur empêchait les pacsés d’être héritiers naturels l’un de l’autre ou encore d’adopter un enfant.

La légalisation du mariage gay

Cette fois-ci, tout est dans le nom. En France, c’est la loi Taubira de 2013 qui légalise le Mariage Gay, permettant les premières unions dès le moi de mai.

La Situation Roumaine

Pour de nombreux analystes, malgré l’échec du référendum roumain, la situation des homosexuels dans le pays reste très compliquée. En effet, la Roumanie en est à la première des étapes vues au dessus : pour l’instant l’homosexualité y est alégale. Si le Code Civil Roumain spécifie clairement que le mariage est l’union d’un homme et d’une femme, il laisse en apparence aux homosexuels une forte marge de manœuvre pour vivre.

Cependant, les persécutions contre les homosexuels sont très importantes en Roumanie, ce qui a poussé à la création de nombreuses associations de défenses pour les protéger. L’Eglise Orthodoxe, très conservatrice, considère ce mariage comme une atteinte au droit de la famille et il est possible de trouver des tracts anti-mariage gay placardés sur nombre d’entre-elles. Cependant, si le sujet est récemment revenu sur le devant de la scène, c’est surtout par l’implication du parti au pouvoir.

Le PSD, situation compliquée

11 décembre 2016, le Parti Social-Démocrate de Roumanie, PSD, remporte les élections législatives avec plus de 45% des voix. C’est le début d’une cohabitation en Roumanie entre d’une part, le Président, Klaus Iohannis, issu du centre droit, et d’autre part les Premiers ministres successifs issu du PSD.

Si tout semble aller pour le mieux, dès le mois de février la situation se gâte pour le Gouvernement. Le Ministre de la Justice, Florin Iordache, parvient à faire adopter, le 31 janvier 2017, un décret modifiant le Code pénal et facilitant les amnisties et les grâces, notamment en cas d’abus de pouvoir. Des centaines de milliers de Roumains descendent dans la rue pour réclamer le retrait de ce décret, du ministre, et du Gouvernement en général.
Plus d’un an plus tard, malgré le remaniement et le changement de Premier Ministre, la situation roumaine reste extrêmement tendue, et les représentants principaux du PSD, Viorica Dancila, la nouvelle Première Ministre, et Liviu Dragnea, Président de la Chambre des députés de Roumanie, cherchent à redorer leur image.

C’est dans ce contexte qu’apparaît une « initiative citoyenne » visant à inscrire dans la Constitution l’interdiction du mariage gay, émanant de plusieurs associations proches de l’Eglise orthodoxe, sur laquelle le PSD veut s’appuyer pour se relancer… Cependant comme précisé précédemment, le referendum organisé échouera, n’ayant recueilli que 20% de votants sur les 30 demandés pour valider le scrutin.

Manifestation le 11 août 2018 à Bucarest (Crédit photo: RFI)

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