Greece’s Council of State has upheld the constitutionality of the landmark 2024 law legalizing civil marriage for same-sex couples, rejecting legal challenges brought by groups opposing the legislation.
In a majority decision, the Supreme Administrative Court’s full bench dismissed appeals submitted by three associations, which argued that the law contravenes constitutional protections of marriage and family based on traditional values. The law, enacted as Law 5089/2024, introduced for the first time the right of same-sex couples to marry under civil law.
Demonstration in support of the bill promoted by the government for the marriage of same-sex couples and the extension of their parental rights, by members of the LGBTI community, Athens, Greece on February 15, 2024. / Διαδήλωση υπερ του νομοσχεδίου που προωθεί η κυβέρνηση για τον γάμο ομόφυλων ζευγαριών και την επέκταση των γονικών τους δικαιωμάτων, απο μέλη της ΛΟΑΤΚΙ κοινότητας, Αθήνα, 15 Φεβρουαρίου 2024.
The court also ruled that the law complies with constitutional provisions regarding equality and the protection of marriage, family, motherhood, and childhood. Specifically, the Council found that the law’s provisions—including those enabling same-sex spouses to jointly adopt children or adopt the biological child of their partner—do not violate Articles 21(1) and 4(1) of the Greek Constitution.
The appeals also challenged a related ministerial decision (15796/20.2.2024) which set out the procedures for recording marital and parental status in civil registry documents. The associations claimed that the regulation undermines their statutory mission to support family and procreation based on Greek Orthodox principles.
Following the closed-door plenary session, Council of State President Michalis Pikramenos issued a statement emphasizing that the court, by majority vote, found no constitutional conflict in the extension of civil marriage rights to same-sex couples and the legal consequences thereof.
Law 5089/2024 marked a historic shift in Greece’s legal framework regarding LGBTQ+ rights, bringing civil marriage equality in line with broader European standards.
