Greece made history by becoming the first Christian Orthodox-majority country to legalise same-sex marriage. This significant accomplishment was reached by the Greek Parliament on February 15, 2024, after navigating a long and challenging path, marked by intense backlash from the Church and conservative groups.
The Marriage Equality Bill, signed into law by President Katerina Sakellaropoulou took effect upon publication in the Government Gazette (Law 5089/2024) on February 16, 2024.
The new legislation grants same-sex couples the fundamental rights to marry and adopt, marking a significant breakthrough in the traditionally conservative nation's journey towards marriage equality. This has been a historic win for the LGBT community and they were hailed by cheers and tears of joy from onlookers in Parliament and demonstrators on the streets of Athens.
The bill received an overwhelming cross-party support following two days of debates, with 176 out of 300 MPs voting in favour, while 76 voted against it. Two MPs abstained, and 46 were absent. In fact, members of Prime Minister Kyriakos Mitsotakis’ centre-right New Democracy Party abstained or voted against the bill. Still, it gained enough support from the opposition parties. The bill was supported by Stefanos Kasselakis, leader of the leftist Syriza, the second-largest party in the Parliament; Nikos Androulakis, leader of the socialist Pasok, as well as two smaller leftist parties. This landmark decision makes Greece the 16th member state of European Union (EU) and the 36th country globally to legalise same-sex marriage, marking a significant milestone in the country’s progress towards equality.
Following the voting, the Greece Prime Minister, Mitsotakis stated that this milestone of human rights, reflects today’s Greece—a progressive and democratic country, passionately committed to European values.
However, the new law has drawn the wrath of the influential Greek Orthodox Church to which more than 80 per cent of the population belong. The Church of Greece—which has close ties with many government MPs —had said it was ‘totally opposed’ to the reform, arguing that it ‘condemns’ children to grow up in an ‘environment of confusion’.
Background
Kyriakos Misotakis had won comfortably in the re-election that was held in June 2023 and he had promised to enact the reform during his second four-year term. This was because during his first term, Prime Minister Mitsotakis accelerated the pace of progress by implementing several reforms to promote equality, including the removal of a ban on blood donations by homosexual men. As a result, Greece significantly improved its standing in global rankings that assess the legal and policy landscape for LGBTQIA+ people, demonstrating the country’s commitment to advancing their rights. Prime Minister Mitsotakis’s legalisation of same-sex marriage, immediately after assuming his second term, represents a landmark achievement in his quest to modernise Greece. It is all the more remarkable because he is from the conservative party.
Greece was criticised by the European Court of Human Rights in 2013 for violating the rights of same-sex couples, who were intentionally left out of a 2008 civil union pact, perpetuating discrimination and inequality in the country. In 2008, two couples—one lesbian and one gay—made headlines by tying the knot on Tilos, a small Greek island, in defiance of the country’s laws. However, their marriages were later nullified by a high court, underscoring the legal obstacles faced by same-sex couples at the time.
This has been the outcome of almost a decade of reforms aiming at gradually aligning the country with EU standards regarding marriage equality. Under the previous Syriza government, Greece, in 2015, legalised civil unions for same-sex couples. It is one of the last countries in the EU to do so. Despite legalising civil partnerships for same-sex couples in 2015, only biological parents were granted legal parental rights, leaving non-biological parents in same-sex relationships without recognition or rights as guardians of their children. When the children fall ill, the non-biological parents did not have the right to decide on the treatment for the children as children do not automatically inherit from their non-biological parents. For instance, if a child has two fathers, they could only be registered with the civil registry and covered by social services by entering the name of the biological mother. Furthermore, in case of the death of the biological parent, the state has the right to take away the children from the other parent.
In 2016, Greece extended its civil partnership law, but still did not address adoption rights, limiting legal guardianship to biological parents only. However, the same year marked a significant progress in anti-discrimination efforts, as Greece outlawed discrimination based on sexual orientation in employment and in the provision of goods and services.
In 2017, Greece took a significant step forward by enacting legislation that enabled individuals to legally change their gender identity, laying the groundwork for subsequent initiatives. These included the introduction of training programmes on gender and sexuality for civil servants in 2022. It also established a committee tasked with developing a national strategy to enhance LGBTQIA+ rights.
Despite all this, till now, only the biological parents of the children in those relationships were recognised as legal guardians. With the introduction of this new law, same-sex parents have the right to be recognised as legal parents to their adopted children. In the event of the death of one partner in the same-sex couple, the new law would provide parental rights to the surviving parent after completing the formalities of the formal adoption procedures.
According to the new law, same-sex couples have the right to adopt in Greece, however, they could not have a baby through surrogacy. Prime Minister Kyriakos Misotakis clarified that surrogacy could not be allowed as a matter of equality to women, who should not be turned into child-producing machines on demand. However, the new legislation does recognise the status of the existing offspring, including those adopted or born to surrogates abroad.
The passage of the law was heartily welcomed by the audience attending the hearing, including many well-known artists and human rights activists of the LGBTQIA+ community. Nonetheless, many campaigners and rights activists are still unhappy as the new law does not go far enough to allow same-sex couples to have children via surrogacy.
Impacts of the New Law
The legalisation of the same sex marriage in Greece is a reflection of changing attitudes in Greek society, where younger generations are increasingly supportive of LGBTQIA+ rights. It also aligns Greece with the broader EU framework, where many member states have already legalised same-sex marriage, and anti-discrimination laws protect LGBTQIA+ individuals. The impacts of the legalisation are as follows:
Social and cultural impacts The legalisation of same-sex marriage signifies a move towards greater acceptance and normalisation of LGBTQIA+ relationships in Greek society. This change can lead to increased visibility and representation of LGBTQIA+ individuals in various spheres, including media, politics, and public life. However, it may also face resistance from conservative and religious groups who view it as a threat to traditional family values.
Legal and economic impacts Legally, the recognition of same-sex marriages ensures that LGBTQIA+ couples have equal access to the rights and benefits that heterosexual couples enjoy, such as tax breaks, inheritance rights, and social security benefits. Economically, this move could boost Greece's image as a progressive and inclusive destination, potentially attracting tourism and investment from LGBTQIA+ communities and allies worldwide.
Psychological and health impacts The legalisation of same-sex marriage is likely to have positive psychological effects on LGBTQIA+ peoples, reducing the stigma and discrimination they face. It can also improve mental health outcomes by providing a sense of legitimacy and validation to same-sex relationships. Furthermore, studies have shown that legalised same-sex marriage can lead to lower rates of mental health issues, such as depression and anxiety, within the LGBTQIA+ community.
Global Perspective on Same-Sex Marriage
Globally, attitudes about same-sex marriage vary widely. According to a survey by Pew Research Center, 92 per cent of adults’ support for legal same-sex marriage in Sweden, which is the highest while, only two per cent back in Nigeria, which is the lowest. The survey showed that younger adults supported same-sex marriage in many places globally. Additionally, worldwide women are more likely than men in favouring same-sex marriage. Furthermore, support to same-sex marriage tends to be much higher on the ideological left, especially in the United States (US).
In the US, where same-sex marriage was legalised by the Supreme Court in 2015, public opinion has swung decisively in favour, with 63 per cent of adults expressing support and 34 per cent voicing opposition. In the Americas, there is strong support for same-sex marriage, with majorities in five countries endorsing the practice. In North America, 79 per cent of Canadians, and 63 per cent of both Americans and Mexicans, support same-sex marriage, which is legal in all three countries. Similarly, in South America, 67 per cent of Argentines and 52 per cent of Brazilians favour same-sex marriage, and it is further legal in both nations. Overall, the region shows a widespread acceptance of LGBTQ+ rights, with significant majorities supporting marriage equality.
In Western Europe, same-sex marriage enjoys widespread acceptance, with remarkable consensus in countries like Sweden (92 per cent), the Netherlands (89 per cent), Spain (87 per cent), France (82 per cent), and Germany (80 per cent), where over eight-in-ten adults support the practice. This strong support mirrors the legal recognition of same-sex marriage in these countries. In Europe, support for same-sex marriage varies widely. Italy, despite not having legalised it, shows strong support with 73 per cent in favour. The UK, where it is legal, also shows high support at 74 per cent. In contrast, Poland and Hungary, where same-sex marriage is not legal, have significantly lower support levels, at 41 per cent and 31 per cent, respectively. These countries are also where LGBTQ+ rights are a contentious issue, highlighting a divide in European attitudes towards same-sex marriage and LGBTQ+ rights.
In the Asia-Pacific region, three-quarters of adults in Australia and nearly 68 per cent in Japan favour legal same-sex marriage. Australia has legalised same-sex marriage, while Japan has not. In Vietnam, 65 per cent are in favour of legalising same-sex marriage. In Taiwan, opinions are split, with 45 per cent supporting and 43 per cent opposing same-sex marriage. Notably, Taiwan is the only country in Asia where same-sex marriage is currently legal. In South Korea, where same-sex marriage is not legal, 41 per cent favour legalisation, while 56 per cent oppose it. In Indonesia, there is strong opposition, with 92 per cent against same-sex marriage, only five per cent support same-sex marriage.
In Africa, South Africa stands alone in legalising same-sex marriage in 2006, yet 59 per cent of its population opposes it. Nigeria, where homosexuality is illegal, shows only two per cent support, and Kenya, nine per cent. Meanwhile, in the Middle East, Israel has 56 per cent opposition to legalising same-sex marriage, with views heavily influenced by religious affiliation and political leanings. Overall, acceptance of same-sex marriage remains low in these regions, with significant majorities opposing the practice.
India’s Stand on Same-Sex Marriage
India’s approach to same-sex marriage has been markedly different from that of Greece. India decriminalised homosexuality in 2018 through the landmark Supreme Court ruling in Navtej Singh Johar & Ors. vs Union Of India Thr. Secretary Ministry of Law and Justice, which struck down Section 377 of the Indian Penal Code; however, same-sex marriage still remains unrecognised by Indian law. The Indian judiciary, which has played a pivotal role in advancing LGBTQIA+ rights, could continue to be a key player in this process, potentially paving the way for the legalisation of same-sex marriage in the future. As per Pew Research Survey, 53 per cent of Indian adult supports same-sex marriage while 43 per cent oppose it.
Conclusion
Greece’s legalisation of same-sex marriage represents a significant step towards equality and inclusivity, with wide-ranging social, legal, and economic impacts. While challenges remain, particularly in terms of social acceptance and religious opposition, the move sets a positive precedent for other countries grappling with similar issues. In India, the legalisation of same-sex marriage remains a contentious issue, but ongoing advocacy and legal reforms could eventually lead to greater recognition of LGBTQIA+ rights. As global attitudes continue to evolve, the movement for same-sex marriage is likely to gain further momentum, contributing to a more just and equal world.
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