A Greek court has upheld the constitutionality of same-sex marriage

The Council of State of Greece (the country's supreme administrative court) has upheld the constitutionality of a law allowing same-sex couples to enter into civil marriage and adopt children. The court ruled that these provisions do not contravene either the national Constitution or the European Convention on Human Rights.

The judges dismissed a lawsuit filed by two associations and one non-profit organization, which had challenged the implementation of the law specifically regarding the procedure for registering such unions in the relevant registries. In effect, through this lawsuit, the plaintiffs sought to call into question the very constitutionality of the provisions concerning marriage and adoption for same-sex couples.

The ruling states that the right of same-sex spouses to joint adoption does not violate constitutional protections regarding childhood or the principle of the best interests of the child, as each case is subject to an assessment by social services, and the final decision is rendered by a court.

Separately, the court noted that the institutions of marriage and family are not static; rather, they may evolve alongside society, and extending civil marriage rights to same-sex couples does not infringe upon the rights of heterosexual spouses. The ruling further emphasizes that the law does not impinge upon the rules and traditions of the Orthodox Church of Greece, as it pertains specifically to civil marriage rather than religious marriage.

In February 2024, Greece became the first Orthodox-majority country to legalize same-sex marriage. With this step, it became the 16th member state of the European Union—and the 36th country globally—to grant legal recognition to such unions.

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