On March 25, 2024, the “Georgian Dream” presented a legislative initiative to the media, which, according to the party’s vision, aims to fight against “pseudo-liberal ideology” and ban “LGBT propaganda.” According to Mamuka Mdinaradze, Executive Secretary of the “Georgian Dream”, the parliamentary majority plans to adopt constitutional amendments for this purpose.
The legislative initiative of the ruling party on “the protection of family values and minors” envisages making amendments to Article 30 of the Constitution of Georgia, which provides the definition of marriage. Along with imposing bans related to same-sex marriage, adoption, and gender reassignment, amendments entailed by the draft law prohibit gatherings, works, programs, or distribution of other materials that may be classified as “LGBT propaganda.” The legislative initiative also regulates the issue of the appropriateness of using gender and sex-related terms in the process of academic teaching (public and private educational institutions).
Notably, over the years, several pro-Kremlin and far-right actors, as well as individuals from the ruling party, have tried to initiate laws similar to the one introduced in the Russian Federation in 2013, although the “Georgian Dream” itself did not support such proposals for various reasons. However, before the 2024 parliamentary elections, the party came out with an almost identical homophobic legislative initiative. In the framework of the study “Anti-Gender and Anti-LGBTQ Mobilization in Georgia”, the Media Development Foundation studied all the legislative initiatives registered in the Parliament of Georgia in 2012-2023, which aimed at violating the fundamental rights of Georgian citizens based on gender or sexual identity.
In 2012-2023, 8 packages of legislative changes were registered in the Parliament of Georgia, all of which aimed to limit the following rights for representatives of the LGBTQ+ community:
- Limiting access to legal mechanisms: Annulment of the norm on the protection of citizens against discrimination based on sexual orientation and gender identity;
- Restrictions on employment: Legal restrictions on the appointment of LGBTQI people to leadership positions in public structures, cultural and educational institutions;
- Restriction of freedom of expression, assembly, and manifestations: Restriction of assembly and manifestation for people of the LGBTQI identity; Restriction of forms of expression, assembly, and manifestation which may be unacceptable to religious groups; Limiting any person’s expression that is perceived as offensive to religious sentiments.
The legislative initiative of the pro-Kremlin “Alt-Info/Conservative Movement” party on amendments to the law on gatherings and demonstrations, which was registered in the parliament on November 7, 2022, has not yet been reviewed by the legal affairs committee. Based on the appeal, the deadline for consideration of the draft law was extended to the committee for the fourth time, from February 19, 2024, by 60 days.
Notably, in 2023, when Fridon Injia, a MP from the “European Socialists” fraction made a statement about a similar legislative initiative, Mamuka Mdinaradze himself explained that the “Georgian Dream” was not considering the adoption of such a bill, which was mainly justified by legal arguments.
Out of the 8 legislative initiatives listed below, five were not supported by the Human Rights and Civil Integration Committee of the Parliament of Georgia, in one case the initiator of the bill, a member of Georgian Dream, Soso Jachvliani, withdrew the bill, and his second initiative was not discussed by the leading committee on amendments to the anti-discrimination law. The Parliament of Georgia extended the consideration of the legislative initiative presented by the Alt-Info/Conservative Movement in 2022 several times. In one case, the legislative amendments prepared by Zviad Tomaradze, head of the organization “Nation and State”, initiated by Emzar Kvitsiani, a former member of the Alliance of Patriots, that demanded the removal of the terms “sexual orientation” and “gender identity and expression” from the anti-discrimination law, failed in the first reading. It is significant that in 2019, the Human Rights Committee considered the draft law initiated by Kvitsiani to be restrictive of human rights and indicated the following circumstances in its negative conclusion:
“In case of implementation of the initiative, Georgian legislation will no longer ensure equal enjoyment of the rights established by Georgian legislation for any natural or legal person.”
The Ministries of Justice and Labour, Health and Social Protection of Georgia also prepared a negative conclusion on the initiative. In the conclusion of the Ministry of Justice, we read that:
“Differentiation of persons on the basis of sexual orientation and gender identity are cases carrying an increased risk of discrimination,” and “when regulating such a sensitive area, the law-maker is obliged to pay special attention in order to avoid the danger of violating the rights of persons.”
The Ministry of Justice, discussing the issue, noted that the draft law established discriminatory practices – on the one hand, it did not serve the legitimate goal of protecting the rights of all people equally, regardless of their differences, and on the other hand, it ignored the constitutional values and the benefits served by the rule of law.
Notably, prior to the ruling party, the authors of similar legislative initiatives were the following entities: pro-Kremlin parties/organizations (Alt-Info/Conservative movement; “Alt-Info/Conservative Movement; “National Congress of the Slavic Peoples of Georgia” and “Anti-Fascist Coalition of Multinational Georgia”); Anti-liberal groups (Demographic Development Foundation (Zviad Tomaradze),126 The Union of Families in Georgia127; In the Name of God – God is our truth!); Individual MPs by different party affiliations (Soso Jachvliani, a member of the “Georgian Dream” faction, and Emzar Kvitsiani, a member of the “Alliance of Patriots”).
Notably, in 2023, Vato Shakarishvili, a former member of the Tbilisi City Assembly and the Georgian Dream party, who mainly voices government positions, announced the collection of signatures to hold a plebiscite on banning LGBT propaganda among minors, in public space and the media. In the last few days, Shakarishvili, the founder of the anti-Western and anti-liberal movement “Georgia First” called on the legislative body to ban LGBT propaganda and noted that LGBT propaganda is part of US state policy.
| Date | Existing Law | Proposed Amendments | Initiator | Status |
| 2024 | Constitution of Georgia | The draft of the constitutional law “on the protection of family values and minors” will concern the issues of marriage, adoption, sex change, gender identity, gatherings and manifestations, work, as well as educational programs and processes. | Georgian Dream
|
The initiative on constitutional changes was presented by the ruling party at a media briefing on March 25 |
| 2022 | Law of Georgia on Assemblies and Demonstrations | “It is prohibited to hold an assembly or demonstration if it aims or during which there may be a demonstration, promotion and/or propaganda of sexual orientation.” | Alt-Info/Conservative Movement
|
Parliamentary committees postponed the consideration of the initiative several times. Based on the proposal of the Legal Affairs Committee of the Parliament of Georgia, the deadline for consideration of draft laws was extended by 60 days from February 19, 2024. |
| 2019 | Civil Code of Georgia, Criminal Code of Georgia | ““To prohibit both secretly and openly LGBT people from holding any leadership positions in state structures, as well as in all educational institutions (kindergartens, schools, technical colleges, higher education institutions, etc.) and in any cultural-educational institutions.” | “National Congress of the Slavic Peoples of Georgia” and “Anti-Fascist Coalition of Multinational Georgia
|
The Human Rights and Civil Integration Committee did not support the proposal |
| 2018 | Law of Georgia on the Elimination of All Forms of Discrimination, Laws of Georgia on Social Security, Labor Code, Public Service, Broadcasting, International Protection, Health Protection, Patient Rights | Removal of the entry on “sexual orientation, gender identity” from the law.” | Author: Zviad Tomaradze
Initiator: MP Emzar Kvitsiani
|
The bill failed in the first reading |
| 2016 | Law of Georgia on the Elimination of All Forms of Discrimination, Civil Code of Georgia, Criminal Code of Georgia | Removal of the entry on “sexual orientation, gender identity” from the law.” | Initiator: Zviad Tomaradze (Demographic Development Foundation) 
|
The Human Rights and Civil Integration Committee did not support the proposal |
| 2015 | Administrative Offences Code of Georgia | „Making blasphemy punishable:”
“Public expression of hatred towards religious sanctities, religious organizations, worshipers and believers and/or publication or display of material, that aims to insult the feelings of believers – will result in a fine of 300 GEL.” Increasing financial sanctions for repeated actions. |
Author: Zviad Tomaradze
Initiator: Georgian Dream MP Soso Jatchvliani
|
A few months after its initiation, Soso Jachvliani withdrew the bill |
| 2015 | Law of Georgia on the Elimination of All Forms of Discrimination, Civil Code of Georgia, Criminal Code of Georgia | Removal of the entry on “sexual orientation, gender identity” from the law.” | Author: Zviad Tomaradze
Initiator: Georgian Dream MP Soso Jatchvliani
|
The Human Rights and Civil Integration Committee did not consider the initiative |
| 2014 | Law of Georgia on the Elimination of All Forms of Discrimination |
|
Union of Families of Georgia
|
The Human Rights and Civil Integration Committee did not support the proposal |
| 2014 | Law of Georgia on the Elimination of All Forms of Discrimination | Removal of the entry on “sexual orientation, gender identity” from the law.” | In the name of God – God is our truth.
|
The Human Rights and Civil Integration Committee did not support the proposal |
