The Plenary Session of the Council of State (Greece’s Supreme Administrative Court), in a decision issued on May 30, 2025, ruled by majority that the legalization of civil marriage between same-sex couples, as established by Law 5089/2024, as well as the corresponding right to adoption, are fully compatible with the Greek Constitution.
The Court’s Reasoning
The decision of the Plenary, taken after a closed-door session and delivered by Councilor of State Anastasia-Maria Papadimitriou, was based on the interpretation of Article 21(1) (protection of marriage, family, motherhood, and childhood) and Article 4(1) (equality) of the Constitution. The Council ruled that:
“The provisions of Law 5089/2024, which extended the ability to enter into civil marriage to same-sex couples — and, as a direct consequence, granted them the right to adopt, whether jointly or one partner adopting the child of the other — do not conflict with the constitutional articles concerning the protection of marriage, family, motherhood and childhood, or with the principle of equality.”
As a result, the Supreme Administrative Court dismissed the annulment petitions filed by three associations advocating for the protection of the traditional family and Orthodox Christian faith. These petitions were aimed at overturning a ministerial decision regulating the registration of births, marriages, and deaths under the new law.
Reactions
In favor of the ruling:
The Greek National Commission for Human Rights (GNCHR) intervened in support of the law’s constitutionality, emphasizing the right to equal treatment and the necessity of protecting the rights of children raised in same-sex households.
Numerous human rights and LGBTQ+ organizations welcomed the ruling as a major step forward for equality and social progress.
Against the ruling:
The associations that appealed to the court argued that the law undermines the institution of the family and contradicts Article 21 of the Constitution, which defines the family as a cornerstone of the nation’s preservation and advancement, and affords special protection to motherhood and childhood.
Representatives of the Church and conservative groups voiced strong dissatisfaction, insisting on a traditional interpretation of marriage and family.
Social and Political Implications
The Council of State’s decision confirms both legislatively and judicially one of the most significant social reforms in Greece in recent years, granting full equality rights to same-sex couples.
Despite strong opposition from conservative segments of society, the decision is regarded as a milestone for human rights in the country.
This development is expected to have broader implications — both in terms of legal protection for children growing up in same-sex families and in fostering social acceptance of diversity within Greek society.
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