The Metropolis of Moldova has appealed the decision of the first-instance court in the dispute with the Equality Council. The Orthodox Church of Moldova and Metropolitan Vladimir himself claim that their right to freedom of expression is being infringed upon, particularly in relation to their stance on LGBT parades in the Republic of Moldova. This follows the Council’s finding that their public statements, which called for the banning of Moldova Pride marches, contained elements of discrimination.

On May 19, 2023, the Metropolis of Moldova filed an action against the Equality Council, requesting the annulment of an unfavorable individual administrative act. According to the claim, the public association “GenderDoc-M Information Center” had submitted a complaint to the Council regarding alleged incitement to discrimination based on sexual orientation.

The matter stems from a statement published on May 31, 2022, on the website www.ortodox.md, in which the Metropolitan of Chișinău and All Moldova of the Orthodox Church of Moldova expressed disapproval of the Solidarity March organized by the LGBT+ community.

On December 23, 2022, in the absence of the parties, the Council issued Decision No. 163/22 in response to the complaint submitted by GenderDoc-M. The decision stated:

The established facts constitute incitement to discrimination based on sexual orientation.

To prevent similar conduct in the future, the Council recommends that the respondent refrain from making statements that undermine the dignity of individuals based on sexual orientation.

“The challenged administrative act imposes certain obligations and duties on the Metropolitan of Chișinău and All Moldova, as the head of the Metropolis of Chișinău and All Moldova, which affect his legitimate personal rights and especially those of the Metropolis. Therefore, this constitutes an unfavorable individual administrative act communicated to the recipient, and thus there is a directly affected right – namely, the violation of the fundamental right to freedom of expression. The factual basis for the decision – incitement to discrimination and intentional reference to sexual orientation – lacks any real foundation and contradicts objective reality,” said a representative of the Metropolis of Moldova.

On the other hand, the Council stated that it did not find discrimination in the conduct of the religious institution, the Metropolis of Chișinău and All Moldova of the Orthodox Church of Moldova, but noted that the issue of discrimination lies in the content of the public statement made by His Eminence Metropolitan Vladimir regarding the Solidarity March organized by the LGBT+ community, published on May 31, 2022, on the official websites www.mitropolia.md and www.ortodox.md.

“The Council’s recommendation is addressed exclusively to Metropolitan Vladimir (Nicolae Cantarean) of Chișinău and All Moldova, urging him to refrain from similar statements. It is not directed at the religious institution itself. For this reason, the defendant argues that the claimant (the Metropolis) cannot claim a violation of any right under Article 17 of the Administrative Code, as the contested act does not directly concern the claimant,” stated representatives of the Equality Council.

On April 1 of this year, the first-instance court ruled the administrative action filed by the Metropolis of Moldova as inadmissible.