The Grand Chamber of the Council of State, Greece’s highest administrative court, has endorsed the recognition of marriage for individuals of the same sex, as established by Law 5089/2024. Consequently, this legislation extends the right to adoption to married same-sex couples.
Furthermore, Law 5089/2024, which promotes equality in civil marriage and amends the Civil Code, has been deemed constitutional.
This case was deliberated by the Grand Chamber on April 11, 2025, with State Councilor Anastasia-Maria Papadimitriou serving as the rapporteur.
Following a closed-door plenary session, President of the Council of State, Michalis Pikramenos, announced that the Grand Chamber, by majority decision, concluded:
“The provisions of Law 5089/2024, which extend the opportunity for civil marriage to same-sex couples — consequently enabling them to adopt children, whether jointly or through one spouse adopting the biological or adopted child of the other — do not infringe upon constitutional provisions regarding the protection of marriage, family, motherhood, and childhood (Article 21 §1) or the principle of equality (Article 4 §1).”
In essence, the majority affirmed that recognizing the marriage rights of same-sex couples, alongside their rights to adopt children (both jointly and individually), aligns with the constitutional tenets outlined in Article 21 §1 (which protects family, marriage, motherhood, and childhood) and Article 4 §1 (which addresses equality).
Rejection of Appeals from Three Associations
As a result of this ruling, the Council of State rejected appeal applications against decision no. 15796/20.2.2024 from the Minister of the Interior, which governs the recording of spouses and parents in civil registry documents (including birth, marriage, and death certificates). This ministerial decision was made based on the authority provided by Article 12 §1 of Law 5089/2024.
The appeals were brought by three associations focused on child welfare and related issues, which advocate for the family institution and marriage in accordance with Greek Orthodox traditions, as well as the preservation of the Orthodox faith.
In support of the contested regulation, the National Commission for Human Rights (NCHR) intervened during the hearing.
The appellants contended that the challenged law significantly transforms the definition of family to include same-sex couples and parents, which they argued contradicts Article 21 of the Constitution that defines the family as the cornerstone of national preservation and advancement, and asserts that marriage, motherhood, and childhood receive state protection.
Ask me anything
Explore related questions
