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Same-sex marriage in Greece

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legal in Greece since 16 February 2024. In July 2023, Prime Minister Kyriakos Mitsotakis, head of the re-elected New Democracy party, announced his government's intention to legalise same-sex marriage.[1][2][3] Its legalisation was part of an action plan for LGBT equality,[4] which was drafted by a special committee appointed by Mitsotakis in 2021.[5] Legislation was introduced to the Hellenic Parliament on 1 February 2024 and passed on 15 February by 176 votes to 76.[6][7] The bill was signed into law by President Katerina Sakellaropoulou and took effect upon publication in the Government Gazette on 16 February.[8] Greece was the 16th member state of the European Union, the 21st country in Europe and the 36th in the world to allow same-sex couples to marry.

Legislation recognizing cohabitation agreements, providing same-sex couples with a subset of the rights and benefits of marriage, was approved by the Hellenic Parliament on 23 December 2015 and published in the Government Gazette the following day.

Cohabitation agreements

[edit]

Introduction for opposite-sex couples

[edit]

The Government of Greece under Prime Minister Kostas Karamanlis, which governed until October 2009, was opposed to same-sex marriage. The New Democracy-led government had proposed legislation that would offer several rights to unmarried couples, but only to opposite-sex couples. If introduced, the law was expected to be declared unconstitutional or against Council of Europe principles if brought to Greek or European courts.[9]

The Panhellenic Socialist Movement (PASOK) under Prime Minister George Papandreou, then in opposition, presented in April 2006 a legislative proposal for the recognition of unmarried couples, same-sex and opposite-sex, following the French example of the civil solidarity pact. However, according to some LGBT groups, the proposal's controversial terminology made little headway on LGBT rights and PASOK's proposed partnership law banned same-sex couples from adopting. In November 2008, PASOK once again submitted a draft law on cohabitation agreements, but it made no progress in Parliament.[10] Responding to government proposals in 2008 to introduce legal rights for cohabiting couples, Archbishop Ieronymos II of Athens, primate of the Church of Greece, suggested that "[t]here is a need to change with the time". It is unclear, however, whether this view applied to same-sex couples, particularly as the Church has previously opposed LGBT rights in general and civil union laws in particular.[11]

Law 3719/2008 ("Reforms concerning the family, children and society"), which entered into force on 26 November 2008, established a form of partnership known as "cohabitation agreements" (Greek: σύμφωνο συμβίωσης, sýmfono symbíōsis, pronounced [ˈsimfono simˈvi.osis]), but only available to opposite-sex couples.

Extension to same-sex couples

[edit]
Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Before the October 2009 legislative election, the Panhellenic Socialist Movement announced its support for same-sex registered partnerships in a reply to a questionnaire sent by the Lesbian & Gay Community of Greece (OLKE; Ομοφυλοφιλική Λεσβιακή Κοινότητα Ελλάδας, Omofylofilikí Lesviakí Koinótita Elládas), an LGBT rights organization. PASOK won a majority of seats in Parliament in that election.[12] On 17 September 2010, Minister of Justice Haris Kastanidis announced that a special committee had been formed to prepare a registered partnership law that would include both same-sex and different-sex couples.[13][14] The committee was constituted on 29 July 2010 and, according to its members, its work was to make proposals regarding the modernization of family law. It discussed matters regarding heterosexual couples until the end of 2010, and matters regarding same-sex couples from January 2011 onwards.[15] On 19 August 2011, a government official announced that legislation recognizing same-sex relationships would be introduced soon.[16] In February 2013, Minister of Justice Antonis Roupakiotis said that the government was considering amending the cohabitation agreement law to include same-sex couples.[14][17]

On 8 February 2011, the European Court of Human Rights (ECHR) decided to merge and accept two cases from four couples regarding a breach of article 8 (respect of private and family life), article 14 (freedom from discrimination) and article 13 (effective remedy) of the European Convention on Human Rights. The cases were brought to the ECHR as a result of the government introducing cohabitation agreement legislation that specifically and expressly excluded same-sex couples. On 7 November 2013, the ECHR ruled in Vallianatos and Others v. Greece that excluding same-sex couples from cohabitation agreements is discriminatory.[18] On 12 November, PASOK announced its intention to introduce a bill extending the cohabitation agreement law to same-sex couples.[19][20]

In November 2014, it was announced that many major changes to Greek family law would be considered, including the extension of cohabitation agreements to same-sex couples. It was also reported that the Ministry of Justice was not considering same-sex marriage.[21] Parliament was dissolved in December 2014 following the government's failure to elect Stavros Dimas as president of Greece. Snap elections were called for January 2015, delaying the discussion to the following year.

Passage of legislation in 2015

[edit]

On 9 February 2015, following the January 2015 legislative election, the Syriza-led government, sworn in on 27 January 2015, promised to extend cohabitation agreements to same-sex couples.[22][23] On 24 April 2015, the Secretary General of the Ministry of Justice announced the government's intention to introduce a bill to the Hellenic Parliament within two months.[24] Shortly thereafter, a committee was formed to study the issue until 15 June 2015.[25] The bill was published on 10 June 2015.[26][27]

A new draft of the cohabitation agreement bill granting some of the rights of marriage was published on 9 November 2015. It was under public consultation until 20 November. Justice Minister Nikos Paraskevopoulos announced that the legislation would not grant adoption rights to same-sex couples, but that the issue "would be studied in the future".[28][29] The bill was submitted to Parliament on 9 December,[30][31][32] and approved on 23 December 2015 by a vote of 194–55 with 51 abstentions,[33][34][35] following a contentious debate that lasted ten hours. The bill was supported by the governing leftist party Syriza, the Democratic Alignment, The River, and the Union of Centrists but opposed by the Communist Party of Greece, the national-conservative Independent Greeks, and the far-right Golden Dawn, while the liberal-conservative New Democracy was divided.[36] The law was signed by President Prokopis Pavlopoulos, and published in the Government Gazette on 24 December. It took effect upon publication.[37] The first same-sex cohabitation agreement was conducted in Athens on 25 January 2016 by Mayor Giorgos Kaminis.[38][39]

On 9 November 2016, the government submitted a draft bill equalizing cohabitation agreements with marriages in several areas including employment benefits and workers' rights.[40][41][42][43] The bill was approved by Parliament on 2 December in a 201–21 vote.[44] It was signed into law by President Pavlopoulos on 8 December 2016 and took effect upon publication in the official journal the following day.[45]

Statistics

[edit]

According to the Hellenic Statistical Authority, the number of cohabitation agreements contracted per year is as follows:[46][47]

Year Same-sex unions Heterosexual
unions 		Total
unions 		%
same-sex
Female Male Total
2016 50 167 217 3,579 3,796 5.72%
2017 40 94 134 4,787 4,921 2.72%
2018 55 231 286 6,083 6,369 4.49%
2019 54 199 253 7,671 7,924 3.19%
2020 64 172 236 8,750 8,986 2.63%
2021 89 225 314 11,236 11,550 2.72%
2022 113 394 507 12,650 13,157 3.85%

Same-sex marriage

[edit]

First marriages in Tilos

[edit]

In 2008, the LGBT rights group OLKE announced its intention to sue municipalities that refused to marry same-sex couples, pointing out a loophole in the 1982 law that legalized civil marriage between "persons", without reference to gender.[48] On 3 June 2008, Mayor Anastasios Aliferis of Tilos married two same-sex couples, two lesbians and two gay men, citing the legal loophole. He was heavily criticized by clergymen of the Church of Greece, which in the past had also opposed the introduction of heterosexual civil marriage, the original intent of the 1982 law. Justice Minister Sotirios Hatzigakis declared the Tilos marriages "invalid" and Supreme Court prosecutor Georgios Sanidas warned Aliferis of the legal repercussions of his "breach of duty", but he said he had "no intention of annulling the marriages".[49][50] Government officials filed a court motion to annul the two same-sex marriages, triggering demonstrations and protests among the LGBT community.[9]

On 5 May 2009, a court of first instance in Rhodes ruled that the marriages were invalid, but the couples appealed the ruling.[51] A hearing in the case by a court of appeal was held on 14 January 2011. The court issued a decision invalidating both marriages on 14 April 2011. On 30 November 2017, this ruling was upheld by the Supreme Court. The couples subsequently announced their intention to sue Greece at the European Court of Human Rights (ECHR).[52]

Passage of legislation in 2024

[edit]

On 10 June 2019, a few weeks before the parliamentary election held on 7 July 2019, Prime Minister Alexis Tsipras said that his party, Syriza, would legalize same-sex marriage if it won the election. However, his party was not re-elected.[53][54]

A year later, on 14 June 2020, with the center-right New Democracy party now in power, Alex Patelis, chief economic adviser to the Prime Minister Kyriakos Mitsotakis, came out in an interview with conservative newspaper Kathimerini, becoming the first publicly out senior government official in Greece.[55] On 17 March 2021, Prime Minister Mitsotakis formed a committee with the mandate to prepare a national strategy for LGBT equality. Linos-Alexandre Sicilianos, former president of the ECHR, was appointed head of the committee, which also included law professors Katerina Fountedaki and Lina Papadopoulou (experts on family and constitutional law), members of civil society (Marina Galanou - Transgender Support Association, Apostolos Karabairis - Thessaloniki Pride, Stella Belia - Rainbow Families) and government officials (Panos Alexandris - Secretary General of Justice and Human Rights, Alex Patelis - Chief Economic Adviser to the Prime Minister).[5] On 29 June 2021, the committee presented the national strategy to Prime Minister Mitsotakis, which included a section on same-sex marriage.[4] Subsequently, a team was formed from members of the office of the Prime Minister to set up an action plan based on the guidelines included in the national strategy. Numerous meetings were held with all competent ministries, and the proposals of the plan were included in the annual action plans of the ministries. As a result of these policies, ILGA-Europe raised Greece's score on its "Rainbow Map" from 47% in 2021 to 57% in 2023, ranking the country 13th in Europe.[56]

In June 2022, Syriza lawmakers introduced a same-sex marriage bill to the Hellenic Parliament,[2] but it was not discussed before the end of the legislative session. On 1 April 2023, Tsipras again vowed to legalize same-sex marriage if his party were elected to government in the May 2023 elections;[57] however, Syriza was not elected.

In July 2023, Prime Minister Kyriakos Mitsotakis, whose New Democracy party was re-elected in the June 2023 election, announced his government's intention to legalize same-sex marriage. In an interview with Bloomberg Television, Mitsotakis added that "Greek society is much more ready and mature."[1][58][59] In September, Kathimerini reported that a draft bill legalizing same-sex marriage was expected to be introduced to Parliament "in the coming months". The bill would define marriage as the union of "two persons of the same or different sex", and guarantee all the rights and obligations of marriage to married spouses irrespective of sexual orientation. Mitsotakis also said New Democracy MPs would be granted a conscience vote.[60] In November 2023, media reported that the government was "finalising" the bill.[61] In December, the monastic community of Mount Athos expressed its opposition to the bill.[62] The Church of Greece also released a statement opposing the proposed bill. It also expressed its opposition to adoption by same-sex couples and argued that children "are being treated as 'accessories' and 'companion pets' for gay couples". Government spokesman Pavlos Marinakis reacted to the statement, "We always listen to the opinions of the Church with respect. But at the same time, we are implementing our policy, and will listen to the views of society, civil society, the citizenry, institutions, and parties in total."[63] An opinion poll conducted in December showed that 52% of Greek citizens supported same-sex marriage.[64]

On 8 January 2024, Syriza introduced its own same-sex marriage bill to Parliament.[65] Prime Minister Mitsotakis confirmed the government's intention to legalize same-sex marriage and adoption on 10 January,[66] adding that he hoped to have the bill approved before Easter.[67] On 11 January, Stefanos Kasselakis announced his support for the government bill despite its "imperfections" on parental rights, and said he would instruct all Syriza lawmakers to vote for the proposal.[68] However, some Syriza MPs finally did not vote for the bill, without facing consequences.[69] The government ruled out holding a referendum on the issue on 19 January.[70] A public consultation period lasted from 25 January until 31 January,[71] with the bill being introduced to Parliament on 1 February by Minister of State Akis Skertsos.[72][27] A committee debate on 5 February showed majority support for the bill.[73] A final vote on the legislation took place on 15 February with the bill passing by 176 votes to 76.[74][75][76] The bill was signed into law by President Katerina Sakellaropoulou and took effect upon publication in the Government Gazette on 16 February 2024 (Law 5089/2024).[8] Following the vote, a celebratory dinner including Akis Skertsos and Alex Patelis was subsequently criticised by the conservative press. The first same-sex marriage took place in Nea Smyrni, South Athens on 2 March 2024 between Stavros Gavriliadis and Dimitris Elefsiniotis.[77][78]

The law amended article 1350 of the Greek Civil Code to state: Marriage shall be contracted between two persons of different or the same sex.[25] In addition to providing same-sex couples with full adoption rights, the law recognizes their parental rights over children born outside of Greece.[19] It also provides for the retroactive recognition of same-sex marriages performed abroad, and abolished the requirement that transgender people divorce their partners before being allowed to legally change their gender.[17] Following the vote, ILGA-Europe ranked Greece sixth in Europe for LGBT rights, with a score of 71%.[79]

15 February 2024 vote in the Hellenic Parliament[80]
Party Voted for Voted against Voted present Abstained
 G  New Democracy
107
20
 –
31
  Syriza
33
 –
1
2
  Panhellenic Socialist Movement
21
 – –
11
  Communist Party of Greece –
21
 – –
  Greek Solution –
12
 – –
  New Left
9
 – –
2
  Spartans –
10
 – –
  Victory –
10
 – –
  Course of Freedom
6
 – – –
  Independents –
3
1
 –
Total 176 76 2 46

Public opinion

[edit]

A May 2015 Focus Bari poll found that 70% of Greeks agreed that civil partnerships should be extended to same-sex couples. The same poll also found majority support for same-sex marriage, with 56% in favor and 35% opposed.[81][82] A poll conducted by DiaNEOsis in December 2016 showed that 50% of Greeks supported same-sex marriage and 26% were in favor of adoption by same-sex couples.[83]

The 2019 Eurobarometer found that 39% of Greeks thought same-sex marriage should be allowed throughout Europe, while 56% were opposed. The same poll found that 64% of respondents agreed with the statement: "Gay, lesbian and bisexual people should have the same rights as heterosexual people", whereas 32% disagreed. Those figures marked an increase of 6% and 2%, respectively, compared to the 2015 Eurobarometer survey.[84]

A 2020 poll conducted by the Friedrich Naumann Foundation in cooperation with KAPA Research found that same-sex marriage was supported by 56% of respondents, while adoption by same-sex couples was supported by 40%.[85][86] A Pew Research Center poll conducted between February and May 2023 showed that 48% of Greeks supported same-sex marriage, 49% were opposed and 3% did not know or had refused to answer. When divided by age, support was highest among 18–34-year-olds at 67% and lowest among those aged 35 and above at 43%. Women (54%) were also more likely to support same-sex marriage than men (42%). When divided by political affiliation, support was highest among those on the left of the political spectrum at 74%, followed by those at the center at 50% and those on the right at 36%.[87]

A December 2023 Pulse poll conducted for Skai between 18 and 20 December found that 52% of Greeks supported same-sex marriage and 33% were opposed, while 10% were undecided or indifferent to the issue and 5% did not answer. Specifically, 20% wanted same-sex marriage to be allowed, and 32% would not mind if same-sex marriage was allowed. Support for same-sex adoption was split however, as 42% of Greeks supported it and 47% were opposed, while 5% were undecided or indifferent to the issue and 6% did not answer. Specifically, 18% wanted same-sex adoption to be allowed, and 24% would not mind if same-sex adoption was allowed.[64]

The 2023 Eurobarometer found that 57% of Greeks thought same-sex marriage should be allowed throughout Europe, while 40% were opposed. The survey also found that 57% of Greeks thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 40% disagreed.[88] In January 2024, an opinion poll conducted by the Proto Thema newspaper found that 55% of Greeks supported same-sex marriage and 53% supported adoption rights for same-sex couples.[89] A poll conducted in late January 2024 by Metron Analysis showed that 62% of respondents supported same-sex marriage, with 36% opposed. However, regarding adoption rights for same-sex couples, only 30% expressed positive views, with 69% opposed. Support was higher among those on the left and center-left of the political spectrum, while lower among the center and center-right.[90]

Religious opposition

[edit]

Although the majority of Greeks (who are mostly Christian)[91] support same-sex marriage according to opinion polls, the Church of Greece, the Roman Catholic Church and the Greek Orthodox Church continue to oppose it. In early February 2024, an encyclical read out at Orthodox churches at a Sunday morning liturgy opposed measures it said would "promote the abolition of fatherhood and motherhood… and put the sexual choices of homosexual adults above the interests of future children".[92] Representatives of the monastic community of Mount Athos also expressed opposition to the same-sex marriage law, which does not apply to the autonomous region as it has its own sovereignty within Greece and the European Union.[62]

See also

[edit]

References

[edit]
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  2. ^ a b Cyprus Digest, Marriage for LOATKI + couples: The SYRIZA bill was submitted – What does it provide for childbearing Archived 10 July 2023 at the Wayback Machine June 19, 2022
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