The legal challenge argues that the new provisions fundamentally alter the institution of the family, allegedly violating the Greek Constitution.
The Plenary Session of Greece's Council of State has begun examining the constitutionality of Law 5089/2024, which legalizes same-sex marriage and grants married same-sex couples the right to adopt children — either jointly or for one spouse to adopt the legal (biological or adopted) child of the other.
The legal challenge argues that the new provisions fundamentally alter the institution of the family, allegedly violating the Greek Constitution. The petitioners claim that constitutional protection of the family, marriage, motherhood, and childhood presupposes the existence of a mother and a father — i.e., parents of different sexes — and therefore, a marriage between a man and a woman. Allowing same-sex couples to adopt, they argue, deprives children of the right to be raised in a family with both a mother and a father, placing them at a disadvantage compared to children raised by heterosexual parents.
One of the organizations that filed the appeal, the "Association for the Protection of the Unborn Child – St. Emmelia," argued through its legal representatives that "the legislature cannot act beyond constitutional constraints." They contended that changes to the institution of civil marriage must align with those governing religious marriage, citing constitutional recognition of the Orthodox Church's canonical rules. "The Orthodox Church cannot sanctify a marriage involving more than two people — similarly, the state cannot redefine civil marriage to include same-sex couples without disrupting the balance between civil and religious marriage," their lawyer claimed.
This assertion drew a pointed question from the Council's president, Michalis Pikramenos, who asked, "How would that even work? What consequences would it have? Would the Church be obliged to marry same-sex couples?" The appellants reiterated their stance, suggesting that legal recognition for same-sex relationships could be addressed through civil partnerships instead.
In support of the contested law, the Greek National Commission for Human Rights (EEDA) intervened, calling the appeal "unfounded and inadmissible." EEDA emphasized that the legislation secures recognition of the relationship between a child and their non-biological parent — something civil partnerships fail to address. "The institutionalization of civil marriage and the legal recognition of parent-child relationships contribute to the protection of human life and the family unit," the commission stated.
The Greek State also backed the law, arguing that it fulfills constitutional principles of equality and respect for private life. "It aligns with EU Court of Justice rulings, does not interfere with the doctrines of the Orthodox Church, nor with existing legal provisions regarding the adoption of minors," the state's representatives noted. "Its aim is to protect children who were previously legally recognized as the children of only one parent within a same-sex union. It fully complies with Article 24 of the Charter of Fundamental Rights of the European Union."
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