A False Narrative: Georgia’s Constitutional Amendment and the Illiberal Agenda

In Georgia, the ruling Georgian Dream party has introduced an anti-LGBTQ+ constitutional amendment ostensibly focused on "family values," accompanied by the reintroduction of a controversial "foreign agents" law designed to silence dissent and opposition. These moves appear to be part of a broader illiberal agenda to exploit nationalist sentiments as a vehicle to consolidate power. Despite currently lacking the votes to pass the amendment, Georgian Dream has made it a focal point in the upcoming elections, raising concerns about the future of democratic governance in Georgia - writes Sophio Asatiani

Introduction

On 3 April 2024, the ruling Georgian Dream party introduced a draft constitutional amendment aimed at enshrining "family values" into the Georgian Constitution. On the same day, Mamuka Mdinaradze, a key initiator of the amendment and leader of the Georgian Dream party, announced the reintroduction of the controversial Law on Transparency of Foreign Influence—widely referred to as the "Russian law"—into Parliament. The introduction of these two legislative initiatives in tandem set off alarm bells both domestically and internationally, triggering widespread condemnation.

The constitutional amendment is presented together with the constitutional law on "Protecting Family Values and Minors” and 18 related amendments to various laws. The package, which aims to marginalize LGBTQ+ individuals, passed its first reading in Parliament on 27 June 2024. The final vote on these amendments is expected in the fall of 2024 with an important caveat.

In Georgia, constitutional laws are integral to the Constitution, even though they are not directly included in the text. Under Article 77 of the 1995 Constitution, to adopt such a law, 113 votes—representing three-fourths of Parliament—are required. If only two-thirds of Parliament (100 votes) are secured, the law must also gain the support of the next Parliament with no fewer than 100 votes. Georgian Dream currently lacks even the two-thirds majority required to amend the Constitution but has turned the amendment into a primary campaign promise ahead of the October 2024 parliamentary elections, aiming to secure a constitutional majority in the next parliament.

Local Context

Understanding the implications of Georgia’s proposed constitutional amendment requires a deep dive into the broader political and social context. These laws cannot be analyzed in isolation: they are the latest in a series of maneuvers by Georgian Dream to reshape Georgia’s political landscape in a way that aligns more closely with authoritarian regimes like Russia.

Since gaining independence in 1991, Georgia has faced significant challenges in building the liberal institutions necessary to sustain a constitutional democracy.

Since gaining independence in 1991, Georgia has faced significant challenges in building the liberal institutions necessary to sustain a constitutional democracy. The Georgian Dream, led by billionaire Bidzina Ivanishvili, defeated Mikheil Saakashvili’s United National Movement in 2012 and came to power with democratic aspirations, but it quickly turned to a strategy of "abusive constitutionalism”, using the legal framework to entrench its power while maintaining the appearance of democracy.

The proposed "family values" amendment is the latest manifestation of this strategy. Georgian Dream has a history of leveraging constitutional amendments and legislative changes to weaken democratic institutions and secure its hold on power. In 2016, ahead of parliamentary elections, the party campaigned on a promise to constitutionally define marriage as a union between a man and a woman. This promise was fulfilled through a 2018 amendment, effectively banning same-sex marriage at the constitutional level in Georgia.

The Georgian Orthodox Church which plays a significant role in shaping public opinion and political discourse has consistently opposed LGBTQ+ rights, framing them as a threat to Georgia’s cultural and religious heritage. This stance has amplified sentiments within the Georgian public, where a significant majority opposes LGBTQ+ rights. These deep-seated views have provided fertile ground for Georgian Dream to pursue policies that resonate with voters, using "family values" and “protection of minors” as a key campaign theme.

The focus on "LGBT propaganda" is a distraction from the real challenges faced by Georgian minors and families . . . 

However, the focus on "LGBT propaganda" is a distraction from the real challenges faced by Georgian minors and families. According to the latest statistics, 28 per cent of all children in Georgia live under the poverty line and are dependent on social assistance. Moreover, the last few years have witnessed a significant increase in emigration, driven by economic hardship. If the government were genuinely concerned about the protection of family and minors, it would prioritize addressing these pressing issues rather than scapegoating an already marginalized community.

The proposed "family values" amendment is part of Georgian Dream’s broader strategy to consolidate power by exploiting nationalist sentiments. However, this amendment should not be viewed in isolation: together with the Russian-style "foreign agents" law, which targets NGOs and media outlets, these laws are designed to silence dissent and opposition. The "family values" amendment is a facade to distract from the government’s true objective: establishing an authoritarian regime. Central to this strategy is Georgian Dream’s plan, highlighted as a major political promise, to outright ban opposition parties. By focusing on divisive social issues like LGBTQ+ rights, Georgian Dream seeks to rally its base while advancing a much more dangerous agenda.

Constitutional Analysis and Implications

The proposed amendment intends to add a paragraph on the protection of "family values and minors” to the existing Article 30, which currently defines marriage solely as a union between a man and a woman. In addition to this amendment, there is also the introduction of a Constitutional Law on Protecting Family Values and Minors, which is accompanied by 18 other legislative changes. These changes collectively aim to restrict LGBTQ+ rights by prohibiting same-sex adoption, banning gender transition procedures, and censoring any public displays or advocacy related to LGBTQ+ rights.

The Venice Commission assessment highlights that the amendment’s vague and broad language could serve as a tool for widespread censorship and restrictions on freedom of expression. The framing of the amendment as a measure to protect minors and promote traditional values is thus a pretext for silencing dissent and marginalizing minority groups, particularly given the current political climate where due to Russian-style foreign agent law, civil society organizations and independent media are increasingly under pressure. The amendment’s prohibition on "gay propaganda" could be weaponized to censor any discussion or advocacy related to LGBTQ+ rights, further limiting public debate and deepening the marginalization of an already vulnerable community.

The European Court of Human Rights has ruled that the protection of traditional values cannot justify restrictions on the rights of LGBTQ+ individuals.

The amendments stand in direct conflict with established European Court of Human Rights case law. In its 2022 landmark decision in Fedotova and Others v. Russia, the European Court of Human Rights (ECtHR) ruled that the protection of traditional values cannot justify restrictions on the rights of LGBTQ+ individuals. The Court emphasized that laws discriminating against sexual minorities violate the principle of non-discrimination and the right to respect for private and family life. By introducing similar discriminatory measures, Georgia is not only violating its international obligations but also risking further isolation from the European community.

The implications of this proposed amendment are extensive and concerning. On a societal level, the amendment would institutionalize discrimination against LGBTQ+ individuals, sending a clear message that they are not entitled to the same rights and protections as other citizens. This codification of exclusionary values is likely to exacerbate the already high levels of stigma and violence faced by the LGBTQ+ community in Georgia, further entrenching their marginalization.

Politically, the amendment poses a significant threat to Georgia’s democratic institutions. By using the Constitution as a tool for political gain, Georgian Dream is undermining the very principles that should guide the country’s governance. The passage of this amendment would further erode the rule of law, enabling the government to justify repressive policies and crackdown on dissent.

Internationally, the amendment signals Georgia’s retreat from its European integration ambitions. The European Union has made it clear that respect for human rights and democratic principles is a prerequisite for membership. By pursuing policies that directly contradict these values, Georgian Dream is jeopardizing Georgia’s future in Europe.

Information Warfare and Disinformation: The Russian Playbook

Georgia’s proposed "family values" amendment is part of a broader regional trend toward illiberalism, fueled by Russian disinformation campaigns aimed at destabilizing democracies. Russia’s "gay propaganda" law, introduced in 2013, serves as a blueprint for similar legislation across Eastern Europe, including Georgia.

Russian disinformation strategies have long exploited social divisions to weaken liberal democracies. By portraying the West as morally corrupt and decadent, Russia seeks to undermine the appeal of liberal values and promote its conservative agenda. The proposed amendment in Georgia, which mirrors Russia’s approach, is part of a broader disinformation campaign aimed at redefining national identity in opposition to Western values.

The European External Action Service has identified Russian-origin disinformation as a key driver behind anti-LGBTQ+ narratives in Europe.

The European External Action Service (EEAS) has identified Russian-origin disinformation as a key driver behind anti-LGBTQ+ narratives in Europe. These campaigns amplify extremist voices and promote content that distorts reality, creating an environment where authoritarianism can thrive. The tactics used—such as imitating legitimate publications or creating content that resembles official messaging—blur the line between fact and fiction, making it difficult for citizens to discern the truth.

In Hungary and Poland, similar disinformation strategies have been used to justify repressive policies and erode democratic norms. Both countries have introduced laws targeting LGBTQ+ rights, media freedom, and judicial independence, drawing sharp criticism from the European Union. The alignment of Georgia’s legislative agenda with these illiberal regimes highlights the broader regional trend toward authoritarianism, driven by Russian influence and the weaponization of disinformation.

Conclusion

The proposed "family values" constitutional amendment is not merely a response to public concerns about traditional values; it is a calculated move by Georgian Dream to consolidate power, entrench its illiberal agenda, and align Georgia more closely with authoritarian regimes like Russia. By exploiting societal divisions and stoking fear of the "other," the ruling party aims to secure a fourth term in office, capture key institutions, and push Georgia further away from democracy. LGBTQ+ rights are being used as a pretext to legitimize broader attacks on democratic principles and human rights. The amendment’s passage would mark a significant step toward full-blown authoritarianism in Georgia, where the rule of law is undermined, and civil liberties are curtailed. It would also signal Georgia’s retreat from its European integration ambitions, pushing the country further into the orbit of illiberalism. As the 26 October 2024 parliamentary elections approach, the stakes could not be higher. The outcome will determine whether Georgia continues on its path toward democracy or succumbs to the authoritarian impulses that have already taken root in its political system.

Sophio Asatiani is a human rights and development specialist with a Master of Laws in Human Rights from Central European University. With expertise in civil society engagement, legal reform, and policy analysis, she focuses on advancing human rights, strengthening democratic processes, and promoting justice reforms, particularly in international development contexts. Sophio also lectures on Constitutional and Human Rights Law at several Georgian universities.

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Suggested citation: Sophio Asatiani, 'A False Narrative: Georgia’s Constitutional Amendment and the Illiberal Agenda', ConstitutionNet, International IDEA, 28 August 2024, https://constitutionnet.org/news/news/voices/false-narrative-georgias-constitutional-amendment-and-illiberal-agenda

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