In a landmark decision published on Friday, Greece’s Council of State (CoS) officially upheld the constitutionality of civil marriage and adoption rights for same-sex couples and explained the reasoning behind its decision.
The ruling reached in 2025 serves as the final judicial “seal” on legislation passed in 2024. The Court’s reasoning centers on the principle that the concepts of marriage and family are evolving social institutions rather than static historical constructs.
- Constitutional Alignment: The majority found that extending these rights does not infringe upon the rights of opposite-sex couples or the traditional family unit.
- Child Welfare: The Court dismissed concerns regarding adoption, stating that the “best interests of the child” are already protected by rigorous existing legal frameworks and case-by-case judicial oversight.
Conversely, the minority expressed reservations, arguing that the constitutional definition of marriage—based on its historical and legal context—pertains to the union of individuals of the opposite sex. They also pointed to a perceived lack of sufficient evidence regarding the long-term effects on children raised in same-sex households.
How Greece approved same-sex marriage
Greece’s journey to marriage equality was a decade-long legal and social evolution. Here is a brief timeline of how we got to the 2026 ruling:
2015: Civil Unions: After a 2013 ruling by the European Court of Human Rights (ECHR) against Greece (Vallianatos and Others v. Greece), the country extended civil unions (cohabitation agreements) to same-sex couples. This provided many legal rights but stopped short of full marriage and adoption rights.
February 2024: The Legislative Breakthrough: Under the government of Kyriakos Mitsotakis, the Hellenic Parliament passed Law 5089/2024. This was a historic move, making Greece the first Orthodox Christian-majority country to legalize same-sex marriage. It granted same-sex couples the right to marry and adopt children, though it did not allow for surrogacy.
2026: The Judicial Seal: Following the 2024 law, legal challenges were brought to the Council of State (CoS) by various groups arguing that the law violated Article 21 of the Constitution (which protects family and childhood). The latest decision effectively ends the legal debate by “stamping” the law as fully constitutional.
The core of the ruling is the interpretation of the Constitution as a living instrument. By stating that institutions are not “static,” the court basically said the law must reflect the reality of the 21st century rather than the social norms of 1975 (when the Constitution was written).