Top court upholds constitutionality of same-sex civil marriage

The Council of State has ruled – with a 21–6 majority – that civil marriage between same-sex couples is constitutional, rejecting a request to annul provisions of Law 5089/2024, which legalized such unions and permitted adoption rights.

The supreme administrative court was responding to a case brought by three associations, including a pro-life group, opposed to the law, which argued that same-sex marriage alters the traditional concept of family and disadvantages adopted children. They specifically challenged a ministerial decision detailing how marital and parental data would be recorded in civil registries.

However, the court found that the law does not violate constitutional protections of marriage, family, maternity or equality. The ruling emphasized that the legal recognition of same-sex marriages and related adoption rights align with constitutional principles and European case law.

The National Commission for Human Rights intervened in support of the law, arguing that it enhances child protection by formally recognizing relationships between children and non-biological parents. The state also defended the law, stressing it respects individual privacy and promotes equality without encroaching on religious institutions.

Kathimerini