The Plenary Session of the Council of State gave the “green light” for the full recognition of the rights of same-sex couples, confirming that both marriage and the ability to adopt minor children are fully compatible with the Constitution and the country’s international obligations.
According to the ruling, recognizing the right of same-sex married couples to adopt does not undermine the protection of childhood, nor is it contrary to the best interests of the child. On the contrary, it is part of a framework of safeguards that ensure every child grows up in a safe and supportive environment, regardless of the form of the family.
At the same time, it was ruled that same-sex marriage is consistent with both the Constitution and the European Convention on Human Rights, reinforcing the principles of equality, human dignity, and the free development of the individual.
Marriage as an evolving institution
The Council of State emphasized that the institutions of marriage and the family are not static, but evolve alongside society. Their constitutional protection does not prevent the legislature from adapting them to contemporary social needs.
By expanding the right to enter into a civil marriage, more people are given the opportunity to commit to one another on an equal footing, start a family, and enjoy the protections that the legal system provides to all married citizens.
It is important to note that the decision clarifies that:
- The rights of heterosexual couples are not affected
- There are no restrictions on the choice between a civil or religious marriage
- The traditions and rules of the Orthodox Church are not called into question; they remain a matter of personal faith and choice
Furthermore, it is emphasized that the concept of family is not limited solely to biological parenthood, as raising children already takes place in practice within a variety of family structures.
Το δικαίωμα στην τεκνοθεσία
As a natural consequence of the recognition of marriage, the Council of State ruled that adoption by same-sex couples is also constitutionally permissible.
The adoption process, as noted, involves strict screening procedures:
- a two-phase social survey
- assessment of prospective parents’ suitability
- a judicial decision based on the best interests of the child
The court emphasized that these safeguards apply regardless of the parents’ sexual orientation, ensuring that the child is placed in the most suitable environment.
A decision in a European and social context
The decision is in line with evolving social attitudes and legal frameworks in many European countries, where the recognition of the rights of LGBTQI+ individuals is a fundamental element of protecting private and family life free from discrimination.
The Council of State notes that the State has the discretion to adapt legislation to reflect contemporary needs, thereby helping to eliminate social exclusion and promote equality.
The minority opinion
A minority of council members took a different approach, expressing the view that:
- Marriage, as historically established, applies to heterosexual couples
- the civil partnership already provided adequate protection
- there were no adequate long-term studies on the impact of raising children in same-sex families
Based on this, they concluded that the relevant provisions could raise constitutional issues.
In short: a decision in favor of inclusion
Overall, the Plenary concluded that the provisions:
- respect human dignity
- promote equality before the law
- protect family life without discrimination
and do not exceed the limits set by the Constitution and international law.
This decision marks an important step toward a more just and inclusive society, where the family is recognized in all its forms and every child has the right to grow up surrounded by love, care, and security.
