In a landmark decision for the history of human rights in Greece, the Grand Plenary of the Council of State declared as constitutional Law 5089/2024, which established for the first time in our country the possibility of entering into civil marriage between persons of the same sex . The decision of the Council of State automatically extends the right to adoption to same-sex married couples, recognizing full equality and citizenship in a field where until recently unequal treatment and exclusion prevailed.

The relevant case was discussed on April 11, 2025, with State Counselor Anastasia-Maria Papadimitriou as rapporteur, and the decision was made public on June 1, 2025 by the President of the Council of State, Michalis Pikramenos, following a closed-door conference of the Plenary.

The rationale for the decision: Protection of the family and equality

The majority of the Plenary Session of the Council of State ruled that the provisions of the law do not violate the articles:

• 21 par. 1 of the Constitution, which concerns the protection of the family, marriage, motherhood and childhood,
• 4 par. 1, which guarantees the equality of Greek citizens.

As stated in the official announcement of the Council of State:

“The possibility of same-sex marriage and the consequent possibility of adoption either jointly or of the child of one spouse by the other is constitutionally tolerated and does not offend the nature or purpose of the family as expressed in the Constitution.”

In short, the country’s highest court of cassation explicitly recognized that the concept of family is not limited to the form of a heterosexual couple, but can also include same-sex couples who choose to live together under the status of marriage and raise children.

The importance for couples with a cohabitation agreement

An important aspect of the decision also concerns same-sex couples who have signed a civil partnership agreement . Law 5089/2024 in article 13 provides that these couples have the option of converting the agreement into a marriage, with retroactive effect from the date of the agreement. This means that they acquire full rights, including adoption.

Who reacted – The appeals to the Council of State and their rejection

Three associations that invoke the protection of the family based on Greek Orthodox tradition had appealed to the Council of Europe, expressing their opposition to the new law. In their appeals, they claimed that the law “alters the nature of the institution of the family” and violates the Constitution.

However, the Council of State rejected the applications for annulment against the decision of the Minister of Interior (15796/20.2.2024), which regulated the civil registry data of same-sex spouses and parents. This decision, as judged, had a full legislative basis in article 12 par. 1 of the same law.

Justification and Relief – The Face of Change

For thousands of Greek citizens, the decision of the Council of Europe is not just a legal development. It is a vindication after decades of invisible existence , institutional exclusion and social stigma. It is the moment when the State clearly declares: all families have equal rights, all loves have a place in the Constitution.

It is the moment when children who are already growing up in families with same-sex parents gain full legal protection and acceptance. It is the moment when Greece takes a step forward, on the side of dignity, love and equality .

The intervention of EEDA – The voice of human rights

The National Human Rights Commission (NHRC) intervened in favor of the constitutionality of the law, defending the need for institutional equality, pointing out that the exclusion of same-sex couples from marriage and adoption constitutes discrimination based on sexual orientation , contrary to international and European law.

In closing: A new era for human rights in Greece

The decision of the Council of State on June 1, 2025 will go down in history as a turning point for the LGBTQ+ community in Greece. It was not just a legal dispute. It was a fight for visibility, for acceptance, for justice.

The road was long and difficult. But, as in every fight for rights, vindication came — not just through the letter of the law, but through the bright affirmation of the right to love and create a family without fear and without discrimination .