Recognition of same-sex unions in Greece

The Government of 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 EU principles if brought to Greek or European courts.[1]

The Panhellenic Socialist Movement (PASOK) under George Papandreou, then in opposition, presented in April 2006, a legislative proposal for the recognition of unmarried couples, homosexual and heterosexual, 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 banned same-sex couples from adopting. In November 2008, PASOK once again submitted a draft law on cohabitation agreements, even though it made no progress in the Parliament.[2]

Responding to government proposals in 2008 to introduce legal rights for cohabiting couples, Archbishop Ieronymos II of Athens, the most respected-bishop 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.[3]

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" (σύμφωνο συμβίωσης, sýmphōno symbíosēs), only available to opposite-sex couples.

Before the legislative elections of 4 October 2009, the Panhellenic Socialist Movement (PASOK) announced its support for same-sex registered partnerships in a reply to a questionnaire sent by gay rights group OLKE. PASOK ended up winning the election.[4]

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.[5][6] 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. Until the end of 2010, matters regarding heterosexual couples would be discussed, while those regarding same-sex couples would be discussed after January 2011.[7]

On 8 February 2011, the European Court of Human Rights decided to merge and accept two cases of four couples regarding a breach of article 8 (respect of private and family life) combined with 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 Greek state introducing cohabitation agreement legislation that specifically and expressly excluded same-sex couples. The ECHR gave Greece until 31 May 2011 to submit its observations.

On 19 August 2011, a government official announced that legislation allowing the registration of same-sex relationships would be introduced soon.[8] In February 2013, Minister of Justice Antonis Roupakiotis stated that the Greek Government was considering amending the cohabitation agreement law to include same-sex couples.[9][10]

On 7 November 2013, the European Court of Human Rights (ECtHR) ruled in Vallianatos and Others v. Greece that excluding same-sex couples from cohabitation agreements is discriminatory.[11] On 12 November, PASOK announced its intention to introduce a bill extending the cohabitation agreement law to same-sex couples.[12][13]

In November 2014, it was announced that many major changes to Greek family law would be considered, the most prominent being the extension of cohabitation agreements to same-sex couples. It was also reported that the Ministry of Justice was not considering same-sex marriage.[14]

On 9 February 2015, the Syriza-led Coalition Government, sworn in on 27 January 2015, promised to extend cohabitation agreements to same-sex couples.[15][16] On 24 April 2015, the Secretary General of the Ministry of Justice announced its intention to bring a bill before Parliament within two months.[17] Shortly thereafter, a committee was formed to study the issue until 15 June 2015.[18] The bill was published on 10 June 2015.[19][20]

On 9 November 2015, a new draft of the cohabitation agreement bill (Law 4356/2015) granting some rights of marriage was published. The bill was sent for public consultation, which lasted until 20 November. Justice Minister Nikos Paraskevopoulos announced that same-sex adoption will be studied in the future.[21][22] The bill was submitted to Parliament on 9 December,[23][24][25] and approved on 23 December 2015, with 194 voting yes, 55 no and 51 abstentions,[26][27][28] following a contentious debate that lasted ten hours. The bill was supported by governing leftist party Syriza, but opposed by the Communist Party of Greece, national-conservative party Independent Greeks, and the neo-Nazi party Golden Dawn, while the liberal-conservative New Democracy was divided.[29] The law was signed by the President of Greece and published in the government gazette on 24 December 2015. It took effect upon publication.[30]

The first same-sex cohabitation agreement was conducted on 25 January 2016 by the Mayor of Athens, Giorgos Kaminis.[31][32]

On 9 November 2016, the Cabinet submitted a draft bill equalizing cohabitation agreements with marriages in most areas.[33][34][35][36] The bill was approved by Parliament on 2 December, in a 201-21 vote.[37] It was signed into law by President Prokopis Pavlopoulos on 8 December 2016 and took effect upon publication in the government gazette the following day.[38]

According to the Hellenic Statistical Authority, the number of cohabitation agreements performed per year is as follows:[39]

On 3 June 2008, the Mayor of Tilos, Anastasios Aliferis, married two same-sex couples, two lesbians and two gay men, citing a 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 Mayor Aliferis of the legal repercussions of his "breach of duty", but he said he had "no intention of annulling the marriages".[41][42][43] Government officials filed a court motion to annul the two same-sex marriages, stirring demonstrations and protests among the LGBT community.[1]

On 5 May 2009, the court of first instance of Rhodes ruled the marriages were invalid, but the couples appealed the ruling.[44] A hearing on the case by the Court of Appeal of Dodecanese was held on 14 January 2011 and the decision came out on 14 April 2011. It also ruled that the two marriages were invalid. On 30 November 2017, this ruling was upheld by the Supreme Court. The couples have announced their intention to sue Greece before the European Court of Human Rights.[45]

A separate lawsuit, filed by a group of same-sex couples, to legalise same-sex marriage is being heard by the Greek Supreme Court. 162 other couples have also filed another lawsuit, and it is awaiting a hearing.[46]

On 10 June 2019, Prime Minister Alexis Tsipras stated that same-sex marriage would be legalized if his party, Syriza, won the parliamentary election, held on 7 July 2019. However, his party was not re-elected.[47][48]