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 (23/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
As of January 2025, 22 European countries legally recognise and perform same-sex marriages: Andorra, Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. An additional ten European countries legally recognise some form of civil union, namely Croatia, Cyprus, the Czech Republic, Hungary, Italy, Latvia, Lithuania, Monaco, Montenegro, and San Marino.
Although they do not recognise same-sex unions themselves, Bulgaria, Poland, Romania, and Slovakia 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 and Bulgaria which have not implemented the ruling. In December 2023, 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. On 25 November 2025, the ECJ ruled that member states must recognise same-sex marriages lawfully concluded in another member state, even though they are not obliged to legalise same-sex marriage domestically. In Poland, the ECJ ruling led to the domestic recognition of same-sex marriages performed in other EU countries. As of 25 September 2026, same-sex couples who married abroad and then successfully transcribed their marriage certificate at a registrar office in Poland are treated equally as opposite-sex marriages for the purposes of public healthcare access, social security benefits and taxation.
Of the countries that perform same-sex marriages, some still allow civil unions, e.g. the Benelux nations, France and the United Kingdom,Excluding Guernsey and Overseas Territories (except Gibraltar). whereas Denmark, Finland, Germany, Iceland, Ireland, Liechtenstein, Norway, Slovenia, Sweden and Switzerland 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, Serbia, Slovakia and Ukraine. Of these, however, Croatia, Hungary, Latvia, Montenegro and Lithuania 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).
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. In response, Polish prime minister Donald Tusk launched a legislative proposal for a form of registered partnership in October 2025.
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.
On 25 November 2025, the ECJ ruled in Cupriak-Trojan and Trojan v Wojewoda Mazowiecki that member states must recognise same-sex marriages lawfully concluded in another member state. The judges noted that their decision does not oblige member states to amend their domestic legislation to recognise same-sex marriage, only to recognise marriages lawfully concluded in another EU country "without distinction or additional hurdles". The ECJ's prior ruling in Coman was not implemented by Romania, Poland, Slovakia, Hungary, Bulgaria, or the Czech Republic.
National level