Introduction to the Chapter

The chapter begins with a few notes on exploring the national cultural context ( section 12.2 ). Next, it focuses on the near-history of the analysed States, by which is meant, the history of occupations, the longing of the national identity deep in the past, and the regaining of independence in 1990s ( section 12.3 ). The chapter further analyses the impact from Russia ( section 12.4 ), which is still relevant, including the interpretation of private international law. Then data on ethnic and religious composition of the analysed States is presented, as well as the views on same-sex relationships ( section 12.5 ). The chapter goes on to outline a few examples of polarization within the different branches of State power ( section 12.6 ). This corresponds to Masha Antokolskaia’s observation that national subcultures of “progressive” and “conservative” character can coexist in one State. The internal polarization reflects broader international tendencies, where the movement for LGBT rights and the anti-gender movement exist in parallel. The chapter then concludes with section 12.7. The chapter draws not only on legal sources, but also research in political science, cultural studies and sociology.

Exploring The National Contexts of Law

Understanding The Post-Communist Systems

Negative popular views on homosexuality have been common and in fact increased in this region over the last 15 years, and have contributed to the emergence of the heteronormative politics that affect State authorities, including the interpretation of the ordre public. However, the context does not boil down to views on homosexuality in society. According to Masha Antokolskaia, the tendency to adopt enactments on gender-neutral marriage, or same-sex marriage, could be linked with political rather than cultural considerations. In particular, the strong influence of political parties on the left has been associated with bringing the issue of same-sex marriage to the table, or even in adopting the gender-neutral marriage enactments in Southern Europe, without society being readily prepared for this step.