Ukraine does not recognize same-sex marriage or civil unions. The Constitution of Ukraine defines marriage as between "a woman and a man". The issue of legal recognition for same-sex couples has become particularly acute after the start of Ukraine's accession to the European Union in 2022 and the Russian large-scale invasion of Ukraine during the Russo-Ukrainian War.
In August 2022, President Volodymyr Zelenskyy said his government was working on passing a civil partnership law that would provide same-sex couples with some of the rights and benefits of marriage. A petition in support of civil partnerships was submitted in April 2023. In May 2023, Zelenskyy said that the Ministry of Justice was working on introducing partnership legislation. Polls show that the majority of Ukrainians support the introduction of same-sex registered partnerships. Ukraine is also obliged to recognise same-sex unions under a June 2023 ruling by the European Court of Human Rights.
Legal history
Background
Article 51 of the Constitution of Ukraine, adopted by the Verkhovna Rada (the Parliament of Ukraine) in 1996, states: "Marriage is based on the free consent of a woman and a man. Each of the spouses has equal rights and duties in the marriage and family." In June 2018, the Ministry of Justice said that "there is no legal grounds" for same-sex marriage in Ukraine. The wording of Article 51 is interpreted as banning same-sex marriage; however, Olha Sovgirya, a justice of the Constitutional Court of Ukraine, believes that the Constitution does not prohibit same-sex marriage, arguing that the "emphasis in Article 51 is on the freedom of marrying a member of the opposite sex, and not on the fact that the parties should be of different sexes."
Civil partnerships
2015 action plan
On 23 November 2015, the Government of Ukraine approved an action plan to implement a "National Strategy on Human Rights" in the period up to 2020, which included the promise of drafting a bill creating civil partnerships for opposite-sex and same-sex couples by 2017. However, in early 2018, the Ministry of Justice, led by Pavlo Petrenko, stated that "the development and submission to the government of a draft law on the legalization of a registered civil partnership in Ukraine cannot be implemented" due to "numerous appeals from the regional councils, the Council of Churches and other religious organizations".
2022 petition
On 3 June 2022, an online petition was launched on the official website of the President of Ukraine calling for the legalization of same-sex marriage. Citing the Russian invasion of Ukraine, the text of the petition stated: "At this time, every day may be the last. Let people of the same sex have the opportunity to start a family and have an official document confirming this. They need the same rights as traditional couples." Oksana Solonska, the media communications manager of Kyiv Pride, said, "It is important that LGBTQ people have the right to see their partner and take their body from the morgue, and seek compensation if needed. All married couples have these rights. We really hope that same-sex marriage will be legalised, so people will be able to take care of each other." The petition quickly gained signatures, and by 13 July, the petition had gathered more than 28,000 signatures. Any petitions that gather more than 25,000 signatures automatically trigger the president's consideration.