Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27).
As of March 2023, nineteen European countries legally recognise and perform same-sex marriages: Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. A twentieth country, Estonia, will begin performing same-sex marriages in 2024. An additional twelve European countries legally recognise some form of civil union, namely Croatia, Cyprus, the Czech Republic, Estonia, Greece, Hungary, Italy, Latvia, Liechtenstein, Monaco, Montenegro, and San Marino.
Poland and Slovakia recognise private contractual cohabitation of two persons (regardless of sexual orientation or relationship type - including non-sexual non-intimate relationships) for limited purposes. Although they do not recognise same-sex unions themselves, Bulgaria, Latvia, Lithuania and Romania are bound by a ruling by the European Court of Justice to recognise same-sex marriages performed within the EU and including an EU citizen for the purposes of granting legal residence, though this ruling is not always respected in practice, as in the case of Romania which has not implemented the ruling.
Of the countries that perform same-sex marriages, some still allow civil unions, e.g. Benelux countries, France and the United Kingdom, whereas Germany, Ireland and Nordic countries have ended their pre-marriage civil union legislation so that existing unions remain but new ones are not possible.
Several European countries do not recognise any same-sex unions. Marriage is defined as a union solely between a man and a woman in the constitutions of Armenia, Belarus, Bulgaria, Croatia, Georgia, Hungary, Latvia, Lithuania, Moldova, Montenegro, Russia, Poland, Serbia, Slovakia and Ukraine. Of these, however, Croatia, Hungary, Latvia and Montenegro allow civil unions for same-sex couples.
Current situation
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).