Athens, March 23, 2026
Photo: euronews.com
Greece’s Council of State has reaffirmed the constitutionality of same-sex marriage and adoption by gay couples, ruling explicitly that the Orthodox Church’s traditions on marriage remain unaffected by the law.
The Full Bench of the Council of State issued Decision 392/2026 on March 20, upholding Law 5089/2024, which legalized same-sex civil marriage in Greece. The court ruled by majority—with six justices dissenting—that the law is in accordance with the Greek Constitution, the European Convention on Human Rights, and EU law, reports ertnews.gr.
Law 5089/2024 was originally passed in February 2024 despite strong opposition from the Greek Orthodox Church and broad segments of the population, making Greece the first Orthodox country to legalize same-sex marriage. The Council of State had previously affirmed the law’s constitutionality in May 2025.
In its latest ruling, the court addressed the relationship between civil marriage and the Orthodox Church directly, stating that the extension of civil marriage to same-sex persons “does not in any way restrict or affect the right of persons of different sexes to marry—civilly or religiously—and to form a family in the traditional sense.”
The court further noted that the rules and traditions of the Orthodox Christian Church regarding the solemnization of marriage and the formation of family are not affected by the law, and that observance of those traditions “continues to rest upon the free compliance of faithful Orthodox Christian citizens.”
The court also acknowledged the historic role of Orthodoxy in Greek society, noting the “historically enduring contribution of Orthodox Christian teaching to the shaping of the moral views of the Greek people,” while concluding that this does not prevent the evolution of those views over time. The weighing of such socio-moral considerations, the court held, belongs to the legislature rather than to the judiciary.
On adoption, the court ruled that granting same-sex married couples the right to adopt does not violate the constitutional protection of childhood or the best interests of the child, since adoption requests are subject to the same procedures—including social services review and court approval—that apply to opposite-sex couples.
The ruling came in response to a legal challenge filed by two associations and a non-profit organization, which had sought to annul a ministerial decision on how spouses and parents are recorded on civil registry documents. That challenge was dismissed.
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