Recognition of same-sex unions in Europe

International level European Court of Human Rights Over the years, the European Court of Human Rights (ECtHR) has handled cases that challenged the lack of legal recognition of same-sex couples in certain member states. The Court has held that the European Convention on Human Rights (ECHR) requires member states to provide legal recognition, but does not require marriage to be opened to same-sex couples. In Schalk and Kopf v Austria (24 June 2010), the European Court of Human Rights decided that the European Convention on Human Rights does not oblige member states to legislate for or legally recognise same-sex marriages. However, the Court, for the first time, accepted same-sex relationships as a form of "family life". In Vallianatos and Others v Greece (7 November 2013), the Court held that exclusion of same-sex couples from registering a civil union, a legal form of partnership available to opposite-sex couples, violates the convention. Greece had enacted a law in 2008 that established civil unions for opposite-sex couples only. A 2015 law extended partnership rights to same-sex couples. Oliari and Others v Italy (21 July 2015) went further and established a positive obligation upon member states to provide legal recognition for same-sex couples. Italy thus breached the convention; it eventually implemented civil unions in 2016. The decision set a precedent for potential future cases regarding the 23 member states, certain British and Dutch territories, and the states with limited recognition (excluding Kosovo), that currently do not recognise same-sex couples' right to family life. Chapin and Charpentier v France (9 June 2016) largely confirmed Schalk and Kopf v. Austria, holding that denying a same-sex couple access to marriage does not violate the convention. At the time of the judgment, France did allow same-sex marriage, however, the case originated from 2004 (regarding the validity of a same-sex marriage officiated by Noël Mamère), when only pacte civil de solidarité (PACS) was available to same-sex couples in France. Fedotova and Others v. Russia (17 January 2023) ruled that states are obliged to recognize same-sex unions or civil unions. Other similar cases from other countries, including Poland, are awaiting the Tribunal. The ECHR informed the Polish government that it had accepted complaints about the lack of access for same-sex couples to marriage or civil partnerships in Poland (2020). In a judgment issued on 12 December 2023 in the case of Przybyszewska and Others v. Poland (applications nos. 11454/17 and 9 others), the European Court of Human Rights ruled that by failing to legalise same-sex unions, Poland had violated the right to respect for private and family life (Article 8 of the European Convention on Human Rights). The Court found that the Polish State had failed to ensure a legal framework providing for the recognition and protection of their same-sex unions, preventing the applicants from formalising fundamental aspects of their lives, which amounted to a breach of their right to respect for their private and family life. European Union Some debate occurred within the European Union about how to require member states to recognise same-sex marriages conducted in other member states, as well as any European citizens' civil unions or registered partnerships, so as to ensure the right of freedom of movement for citizens' family members. In 2010, Romanian LGBTQ activist Adrian Coman and his American partner, Robert Claibourn Hamilton, married in Belgium, and subsequently attempted to relocate to Romania. Romanian authorities refused to recognise their marriage and the case progressed to the European Court of Justice. On 11 January 2018, the ECJ's advocate general, Melchior Wathelet, issued an official legal opinion stating that an EU member country cannot refuse residency rights to the same-sex spouse of an EU citizen on the grounds that it does not recognise same-sex marriage. On 5 June 2018, the ECJ ruled in Coman's favour, stating the term "spouse" was gender-neutral, and member states are therefore obliged to recognise EU residency rights for partners of EU citizens. However, the court confirmed that it will still be up to member states whether to legalise same-sex marriage. According to research from the European Parliament, some EU states still do not in practice grant residency to same-sex spouses, as required by the June 2018 ECJ ruling in Coman v. Romania. As of September 2021, Hamilton himself has not been granted residency by the Romanian government, despite the ruling. In September 2021, the European Parliament passed a resolution condemning some states failure to implement the ruling, and calling on the European Commission to ensure rights of same-sex spouses are upheld. National level Partially-recognised and unrecognised states Sub-national level == Future legislation ==

Non-marital partnership Government proposals or proposals with a parliamentary majority : On 25 April 2024, Prime Minister Albin Kurti announced his government's intention to legalize same-sex unions. : On 27 December 2023, Poland's new Prime Minister, Donald Tusk, announced that a bill to legalise same-sex unions would be introduced and debated in the Sejm in 2024. On 9 July 2024, a bill allowing both opposite-sex and same-sex couples to form "closest person status contracts" was added to the Polish government's agenda. : On 12 July 2022, a petition on same-sex marriage reached 28,000 signatures (above the 25,000 signatures needed to trigger a debate in parliament). President Volodymyr Zelenskyy stated on 2 August 2022 that while a change of the constitution, which defines marriage as union of a man and a woman, is not allowed as long as martial law is in place, he endorses the introduction of civil unions and asked his government to evaluate legal options. , the Ukrainian Parliamentary Judicial Committee is considering Bill № 9103, which would introduce civil partnerships in Ukraine. In August 2024, the Committee on National Health, Medical Assistance and Medical Insurance recommended the bill for adoption in its first reading. On 22 January 2026, a draft of a revised Civil Code was submitted to the Parliament of Ukraine by Speaker Ruslan Stefanchuk and a large group of lawmakers, intended to "harmonize Ukrainian family law with European Union standards". It introduces amendments that define a family as the cohabitation of a man and a woman and includes a provision to automatically annul marriages if one spouse undergoes legal sex reassignment. The Parliament Speaker has described the proposal as "modern and European". If adopted, the new Civil Code would explicitly exclude same-sex partnerships. Legal rulings : In April 2025, Lithuania's Constitutional Court ruled that Article 3.229 of the Civil Code, which permits partnerships exclusively between a man and a woman, was unconstitutional, and mandated the Lithuanian Parliament to legislate to recognize civil partnerships for same-sex couples. In its ruling, the Constitutional Court also opened a legal pathway for same-sex couples to register civil partnerships through the courts, even in the absence of specific legislation. : Poland has not implemented the contracting or recognition of same-sex unions, although it is obliged to do so by judgments of the European Court of Human Rights: • Andersen v. Poland (2025) concerning the registration of a foreign marriage certificate and the practical hardships of non-recognition (such as the necessity of seeking judicial protection for ordinary needs, existing in a legal limbo, and the forced adjustment of behaviour to secure alternative legal recognition) impacting a non-resident of Poland, • Formela v. Poland (2024) regarding the state's obligation to ensure that the applicants have a specific legal framework providing for the recognition and protection of their unions, • Przybyszewska and Others v. Poland (2023) regarding the recognition of civil partnerships in Poland, similar to Oliari v. Italy and Fedotova v. Russia, but concerning Poland, • Szypuła and Others v. Poland (2025) in connection with the refusal to issue certificates to the applicants stating the absence of circumstances excluding the conclusion of marriage abroad (certificate of no impediment). The ECHR also issued a decision in 2025 in the case of Gruszczyński-Ręgowski and Others v. Poland, in which the Tribunal decided to strike the applications out of the list of cases pursuant to Art. 37 § 1 of the Convention due to unilateral declarations by the Government acknowledging a violation of Art. 8 of the Convention and a declaration to pay the applicants Barabasz and Kowalska the amount of 2,000 euros as reimbursement of costs.. In a judgment of November 25, 2025, the CJEU ruled, also citing judgments of the European Court of Human Rights, that "a Member State is obliged to recognize a marriage of two citizens of the Union of the same sex legally concluded in another Member State, in which they exercised their freedom of movement and residence" However, as of , the government has refused to comply with the ruling. == Public opinion ==

According to a Eurobarometer poll in 2023, public support for same-sex marriage in EU member states was highest in Sweden (94%), the Netherlands (94%), Denmark (93%), Spain (88%), Ireland (86%), Luxembourg (84%), Germany (84%), Portugal (81%), Belgium (79%), and France (79%). According to a Eurobarometer poll in 2015, public support for same-sex marriage in EU member states was highest in the Netherlands (91%), Sweden (90%), Denmark (87%), Spain (84%), Ireland (80%), Belgium (77%), Luxembourg (75%), the United Kingdom (71%) and France (71%). Between 2006 and 2015, support rose most significantly in Malta, from 18% to 65%, and in Ireland, from 41% to 80%. In 2008, 58% of the Norwegian voters supported same-sex marriage, which was introduced in the same year, and 31 percent were against it. In January 2013, 54.1% of Italians respondents supported same-sex marriage. In a late January 2013 survey, 77.2% of Italians respondents supported the recognition of same-sex unions. According to an Ipsos poll published in 2021, 83% of Italians were in favour of legal recognition for same-sex couples, 10% stated they were against and 7% did not have a specific position on the issue. In Greece, support more than tripled between 2006 and 2017. In 2006, 15% of Greeks said that they agreed with same-sex marriage being allowed throughout Europe, In Ireland, a 2008 survey revealed 84% of people supported civil unions for same-sex couples (and 58% for same-sex marriage), while a 2010 survey showed 67% supported same-sex marriage by 2012 this figure had risen to 73% in support. On 22 May 2015, 62.1% of the electorate voted to enshrine same-sex marriage in the Irish constitution as equal to heterosexual marriage. In Croatia, a poll conducted in November 2013 revealed that 59% of Croats think that marriage should be constitutionally defined as a union between a man and a woman, while 31% do not agree with the idea. In Poland, support for same sex marriages has increased from 17% in 2006 to 45% in 2019, according to Eurobarometer; other polls show a majority supporting registered partnerships. In the European Union, support tends to be the lowest in Bulgaria, Latvia, Hungary, Romania, Slovakia, and Lithuania. The average percentage of support for same-sex marriage in the European Union as of 2006 when it had 25 members was 44%, which had descended from a previous percentage of 53%. The change was caused by more socially conservative nations joining the EU. In 2015, with 28 members, average support was at 61%. Opinion polls Notes == See also ==