In a significant ruling that emphasizes the ongoing struggle for LGBTQ rights in Ukraine, the European Court of Human Rights (ECHR) declared on Thursday that a same-sex couple faced discrimination when their attempts to marry were rejected by seven different register offices. Plaintiffs Andrii Maimulakhin and Andrii Markiv had brought their case to the court in 2014, shedding light on the need for greater protection and recognition of LGBTQ rights in a country where the constitution still defines marriage as solely between a man and a woman.
The ECHR verdict asserted that the couple’s “sexual orientation had been the sole basis for the difference in treatment.” It deemed Ukraine’s broadly stated objective of safeguarding the traditional family as insufficient grounds for denying equal rights. As a signatory to the European Convention on Human Rights, Ukraine was found to have violated articles pertaining to discrimination and the right to private and family life.
This ruling comes as a call for increased attention and action in support of LGBTQ rights, echoing the sentiments of a January survey conducted by the National Democratic Institute and the Kyiv International Institute of Sociology. The survey revealed that 56% of Ukrainians support same-sex civil partnerships, with only 24% opposing them. However, it is important to note that the majority support for such partnerships emerged following Russia’s invasion in February 2022, which provoked violent opposition from Ukrainian far-right groups toward gay pride marches.
The urgency to address the recognition of same-sex couples has heightened, particularly for those serving as soldiers, due to the implications in cases of injury or death. Currently, only legal family members possess the authority to make decisions about a soldier’s medical treatment and eligibility for social benefits. Inna Sovsun, an opposition MP leading an initiative to legalize civil partnerships, expressed the injustice of the current situation, citing the desire within the country to counter Russian President Vladimir Putin’s anti-LGBTQ stance.
While there is resistance from conservative segments of Ukrainian society and the church, President Volodymyr Zelenskiy is deliberating a petition and may request that parliament draft a law. Last year, Zelenskiy responded positively to a related petition, but acknowledged the constitutional limitations during wartime. The case of Maimulakhin and Markiv underscores the urgent need to address discrimination and provide legal recognition for same-sex couples in Ukraine, echoing the wider struggle for LGBTQ rights in the country.