Greece has recognized cohabitation agreements providing same-sex couples with several of the rights and benefits of marriage since 24 December 2015. Legislation allowing such unions was approved by the Hellenic Parliament on 23 December 2015 and published in the Government Gazette the following day. In July 2023, the re-elected government headed by the liberal-conservative New Democracy party announced its intention to legalize same-sex marriage.[1][2][3] Legislation is expected to be introduced in February 2024 and passed before Easter.[4][5]

Cohabitation agreements

Introduction for opposite-sex couples

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.[6]

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.[7] 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.[8]

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, sýmphōno symbíosēs, pronounced [ˈsimfono simˈviosis]), but only available to opposite-sex couples.

Extension to same-sex couples

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 (PASOK) announced its support for same-sex registered partnerships in a reply to a questionnaire sent by the LGBT rights group OLKE (Ομοφυλοφιλική Λεσβιακή Κοινότητα Ελλάδας, Lesbian & Gay Community of Greece). PASOK won a majority of seats in Parliament in that election.[9] 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.[10][11] 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.[12] On 19 August 2011, a government official announced that legislation recognizing same-sex relationships would be introduced soon.[13] 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][15]

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.[16] On 12 November, PASOK announced its intention to introduce a bill extending the cohabitation agreement law to same-sex couples.[17][18]

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.[19] 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

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.[20][21] 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.[22] Shortly thereafter, a committee was formed to study the issue until 15 June 2015.[23] The bill was published on 10 June 2015.[24][25]

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".[26][27] The bill was submitted to Parliament on 9 December,[28][29][30] and approved on 23 December 2015 by a vote of 194–55 with 51 abstentions,[31][32][33] 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.[34] The law was signed by President Prokopis Pavlopoulos, and published in the Government Gazette on 24 December. It took effect upon publication.[35] The first same-sex cohabitation agreement was conducted in Athens on 25 January 2016 by Mayor Giorgos Kaminis.[36][37]

On 9 November 2016, the government submitted a draft bill equalizing cohabitation agreements with marriages in several areas including employment benefits and workers' rights.[38][39][40][41] The bill was approved by Parliament on 2 December in a 201–21 vote.[42] It was signed into law by President Pavlopoulos on 8 December 2016 and took effect upon publication in the official journal the following day.[43]

Statistics

According to the Hellenic Statistical Authority, the number of cohabitation agreements contracted per year is as follows:[44][45]

Year Same-sex unions Heterosexual
unions		 Total
unions		  %
same-sex
Female Male Total
2016501672173,5793,7965.72%
201740941344,7874,9212.72%
2018552312866,0836,3694.49%
2019541992537,6717,9243.19%
2020641722368,7508,9862.63%
20218922531411,23611,5502.72%
202211339450712,65013,1573.85%

Same-sex marriage

First marriages in Tilos

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.[46] 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".[47][48][49] Government officials filed a court motion to annul the two same-sex marriages, triggering demonstrations and protests among the LGBT community.[6]

On 5 May 2009, a court of first instance in Rhodes ruled that the marriages were invalid, but the couples appealed the ruling.[50] A hearing on the case by a court of appeal was held on 14 January 2011. The court issued a decision invaliding 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.[51]

2023 government bill

On 10 June 2019, Prime Minister Alexis Tsipras said that his party, Syriza, would legalize same-sex marriage if it won the parliamentary election held on 7 July 2019. However, his party was not re-elected.[52][53] 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;[54] 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][55][56] In September, Kathimerini reported that a draft bill legalizing same-sex marriage is 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.[57] In November 2023, media reported that the government was "finalising" the bill.[58] In December, the monastic community of Mount Athos expressed its opposition to the bill.[59] 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."[60] An opinion poll conducted in December showed that 52% of Greek citizens supported same-sex marriage.[61]

On 8 January 2024, Syriza introduced its own same-sex marriage bill to Parliament.[62] Prime Minister Mitsotakis confirmed the government's intention to legalize same-sex marriage and adoption on 10 January.[63] The bill is expected to be introduced to Parliament by mid-February following a period of public consultation, with Mitsotakis hoping to have it approved before Easter.[64] 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.[65]

Public opinion

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.[66][67] 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.[68]

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.[69]

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%.[70][71] A Pew Research Center poll conducted between February and May 2023 showed that 49% of Greeks supported same-sex marriage, 50% were opposed and 1% did not know or refused to answer. When divided by age, support was highest among 18–39-year-olds at 62% and lowest among those aged 40 and above at 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%.[72]

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.[61]

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.[73]

See also

References

  1. 1 2 "Same-Sex Marriage Is Part of Reelected Greek PM's LGBTQ Plan". Bloomberg. 5 July 2023.
  2. 1 2 Cyprus Digest, Marriage for LOATKI + couples: The SYRIZA bill was submitted – What does it provide for childbearing June 19, 2022
  3. ↑ Associated Press, Greece's opposition vows to legalize same-sex marriage, April 4, 2023
  4. ↑ "Νομοσχέδιο για ομόφυλα ζευγάρια: Φεβρουάριο θα κατατεθεί στην Βουλή - Οι άξονες και οι αντιδράσεις". Parapolitika (in Greek). 8 January 2024.
  5. ↑ "What the bill provides for marriage and adoption of same-sex couples". Business Daily. 10 January 2024.
  6. 1 2 Greek gays demonstrate for marriage, 365gay.com, 28 September 2008
  7. ↑ (in Greek) Η ΠΡΟΤΑΣΗ ΝΟΜΟΥ ΤΟΥ ΠΑΣΟΚ ΓΙΑ ΤΟ ΣΥΜΦΩΝΟ ΣΥΜΒΙΩΣΗΣ
  8. ↑ "Greeks consider recognising same-sex couples". 2 April 2008.
  9. ↑ "New gay friendly government after elections? / Greece / Country-by-country / Guide to Europe / Home / ilga - ILGA Europe". 18 April 2010. Archived from the original on 18 April 2010.
  10. ↑ "ΤΑ ΝΕΑ". ΤΑ ΝΕΑ.
  11. ↑ "Σύμφωνο Συμβίωσης για ομόφυλα ζευγάρια προωθεί η κυβέρνηση | in.gr".
  12. ↑ "Ερχεται το σύμφωνο συμβίωσης".
  13. ↑ Tugwell, Paul (22 August 2011). "Greece Bias Against Gays-Lesbians Compounds Debt Crisis as Tourism Suffers". Bloomberg.
  14. ↑ "Διάλογος για την επέκταση του συμφώνου συμβίωσης σε ομόφυλα ζευγάρια | in.gr".
  15. ↑ "Ρουπακιώτης: Διάλογος για το σύμφωνο συμβίωσης για ομοφυλόφιλους". ΣΚΑΪ. 26 February 2013.
  16. ↑ "ECHR: "Exclusion of same-sex couples from civil unions is illegal"". 7 November 2013. Retrieved 5 April 2014.
  17. ↑ "Ανάληψη πρωτοβουλίας του ΠΑΣΟΚ για το σύμφωνο συμβίωσης". Newsbomb. 12 November 2013.
  18. ↑ "Τροπολογία για το σύμφωνο συμβίωσης από το ΠΑΣΟΚ". larissanet.gr. 12 November 2013.
  19. ↑ "Same-Sex Civil Partnership Agreements in Greece". The TOC. 16 November 2014.
  20. ↑ "New Greek govt vows to back gay partnership law, following intl court decision and criticism". StarTribune. Associated Press. 9 February 2015. Archived from the original on 9 February 2015.
  21. ↑ Pike, Molly Rose (9 February 2015). "Greece to grant legal recognition to same-sex couples". Pink News.
  22. ↑ "ΕΝΤΟΣ ΔΥΟ ΜΗΝΩΝ ΤΟ ΝΟΜΟΣΧΕΔΙΟ Σύμφωνο συμβίωσης και στα ομόφυλα ζευγάρια".
  23. ↑ "Νομική Ενημέρωση και Αρθρογραφία | Δίκτυο Νομικής Ενημέρωσης". LawNet.
  24. ↑ "Greece Proposes Civil Partnerships For Same-Sex Couples". BuzzFeed News.
  25. ↑ "Greece to introduce bill giving same-sex couples civil union rights". www.jurist.org.
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  27. ↑ "Δημόσια Διαβούλευση για το σχέδιο νόμου "Σύμφωνο Συμβίωσης και άλλες διατάξεις". | Υπουργείο Δικαιοσύνης". www.opengov.gr.
  28. ↑ (in Greek) Σύμφωνο συμβίωσης, άσκησης δικαιωμάτων, ποινικές και άλλες διατάξεις
  29. ↑ "Same-sex couples will have equal rights with heterosexual couples with cohabitation agreements".
  30. ↑ Chrysopoulos, Philip (10 December 2015). "Church of Greece Reacts to Bill Giving Civil Partnership Rights to Same-Sex Couples | GreekReporter.com". Greekreporter.com.
  31. ↑ "Greek Parliament approves law on same-sex civil partnerships | Kathimerini". www.ekathimerini.com.
  32. ↑ "Greek parliament legalizes same-sex cohabitation". The TOC. 23 December 2015. Archived from the original on 13 June 2016.
  33. ↑ Greece, HuffPost (23 December 2015). "Great News For Greece's LGBT Community". HuffPost.
  34. ↑ Popper, Helen (23 December 2015). "Greece legalizes same-sex civil partnerships". POLITICO. Retrieved 5 April 2020.
  35. ↑ "ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3456 Σύμφωνο συμβίωσης, άσκηση δικαιωμάτων, ποινικές και άλλες διατάξεις".
  36. ↑ Williams, Joe (26 January 2016). "Athens Mayor performs Greece's first same-sex civil union". Pink News.
  37. ↑ Potts, Andrew (26 January 2016). "Athens Mayor Giorgos Kaminis performs Greece's first gay civil union". Gay Star News.
  38. ↑ "Με ευρεία συναίνεση ψηφίστηκε το ν/σ για την ισότητα στην εργασία". www.dikaiologitika.gr.
  39. ↑ "Ευρεία συναίνεση για την ισότητα μεταχείρισης προσώπων ασχέτως φυλετικής ή εθνοτικής καταγωγής". ProtoThema. 15 November 2016.
  40. ↑ "Government to legally equate civil partnership with marriage in Greece". Tornos News. 14 November 2016.
  41. ↑ (in Greek) Ενσωμάτωση της Οδηγίας 2000/43/ΕΚ περί εφαρμογής της αρχής της ίσης μεταχείρισης προσώπων ασχέτως φυλετικής ή εθνοτικής τους καταγωγής, της Οδηγίας 2000/78/ΕΚ για τη διαμόρφωση γενικού πλαισίου για την ίση μεταχείριση στην απασχόληση και την εργασία και της Οδηγίας 2014/54/ΕΕ περί μέτρων που διευκολύνουν την άσκηση των δικαιωμάτων των εργαζομένων στο πλαίσιο της ελεύθερης κυκλοφορίας των εργαζομένων, ΙΙ) λήψη αναγκαίων μέτρων συμμόρφωσης με τα άρ. 22, 23, 30, 31 παρ. 1, 32 και 34 του Κανονισμού 596/2014 για την κατάχρηση της αγοράς και την κατάργηση της Οδηγίας 2003/6/ΕΚ του Ευρωπαϊκού Κοινοβουλίου και του Συμβουλίου και των οδηγιών της Επιτροπής 2003/124/ΕΚ, 2003/125/ΕΚ και 2004/72/ΕΚ και ενσωμάτωση της Οδηγίας 2014/57/ΕΕ περί ποινικών κυρώσεων για την κατάχρηση αγοράς και της εκτελεστικής Οδηγίας 2015/2392, ΙΙΙ) ενσωμάτωση της Οδηγίας 2014/62 σχετικά με την προστασία του ευρώ και άλλων νομισμάτων από την παραχάραξη και την κιβδηλεία μέσω του ποινικού δικαίου, και για την αντικατάσταση της απόφασης-πλαισίου 2000/383/ΔΕΥ του Συμβουλίου και IV) Σύσταση Εθνικού Μηχανισμού Διερεύνησης Περιστατικών Αυθαιρεσίας στα σώματα ασφαλείας και τους υπαλλήλους των καταστημάτων κράτησης
  42. ↑ "Greek Parliament have voted for a controversial bill to expand rights for LGBT people". 2 December 2016.
  43. ↑ "ΝΟΜΟΣ ΥΠ' ΑΡΙΘΜ. 4443".
  44. ↑ "ΣΤΟΙΧΕΙΑ ΦΥΣΙΚΗΣ ΚΙΝΗΣΗΣ ΠΛΗΘΥΣΜΟΥ: 2020". statistics.gr (in Greek). 1 October 2021.
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  46. ↑ Greek gays find loophole in marriage law, Pink News, 13 March 2008
  47. ↑ "derStandard.at". DER STANDARD.
  48. ↑ "AFP: First Greek gay marriages spark judicial battle". Archived from the original on 9 June 2008.
  49. ↑ "Greece sees first gay 'marriage'". BBC News. 3 June 2008. Retrieved 22 May 2010.
  50. ↑ "Same-sex marriages annulled as illegal in Greece". London: Guardian. 15 September 2009. Retrieved 15 September 2009.
  51. ↑ "Court annuls same-sex marriage | Kathimerini". www.ekathimerini.com.
  52. ↑ "Tsipras unveils SYRIZA's new 4-year-plan, pledges new jobs". Kathimerini. Retrieved 23 September 2019.
  53. ↑ ""Εξορθολογισμός" των σχέσεων με την Εκκλησία αλλά και γάμος ομοφυλοφίλων στην ατζέντα ΣΥΡΙΖΑ". iellada.gr. 11 June 2019. Retrieved 23 September 2019.
  54. ↑ Gatopoulos, Derek (4 April 2023). "Greece's opposition vows to legalize same-sex marriage". Associated Press.
  55. ↑ Pappas, Gregory (5 July 2023). "Same Sex Marriage in Greece Part of Re-Elected Mitsotakis' Strategy". The Pappas Post.
  56. ↑ "Same-Sex Marriage Is Part of Greek PM's LGBTQ Plan". Greek City Times. 5 July 2023.
  57. ↑ Kakaounaki, Marianna (3 September 2023). "Marriage equality to be enshrined". eKathimerini.
  58. ↑ Stamatoukou, Eleni (29 November 2023). "Greece Govt 'Finalising' Bill to Legalise Same-Sex Marriage". Balkan Insight. Athens.
  59. ↑ "Mount Athos is against legislation for same-sex marriage". Orthodox Times. 18 December 2023.
  60. ↑ Billson, Chantelle (29 December 2023). "Greece will legalise same-sex marriage, despite church opposition". PinkNews.
  61. 1 2 "Δημοσκόπηση Σκάι: Διχασμένοι οι πολίτες για γάμο ομοφύλων, μη κρατικά πανεπιστήμια - Τι λένε για την οπαδική βία και τα μέτρα". SKAI (in Greek). 21 December 2023.
  62. ↑ "SYRIZA submits legislative proposal on same-sex marriage". Kathimerini. 8 January 2024.
  63. ↑ "Greece To Legalise Same-sex Marriage, Adoption: Prime Minister". Barron's. 10 January 2024.
  64. ↑ "What the bill provides for marriage and adoption of same-sex couples". Business Daily. 10 January 2024.
  65. ↑ "Greece's government set to legalise same-sex marriage with the backing of the opposition". Euronews. 12 January 2024.
  66. ↑ "Έρευνα για την ομοφυλοφιλία στην Ελλάδα: Υπέρ του συμφώνου συμβίωσης το 70%, αλλά 'κατά' των υιοθεσιών". www.news247.gr.
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  70. ↑ Friedrich Naumann Foundation (16 November 2020). "Liberalism in Greece, today (original: Ο φιλελευθερισμός στην Ελλάδα, σήμερα)" (PDF). KAPA Research. NewsIt. Retrieved 17 November 2020.
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