Ruslan Stefanchuk, Speaker of the Verkhovna Rada, stated that granting same-sex couples the status of marriage is currently not possible due to the provisions of Article 51 of the Constitution of Ukraine. According to him, changing this approach would require constitutional amendments, and the Constitution prohibits such amendments from being introduced whilst martial law is in force. The Speaker of Parliament made these remarks on 22 September during a briefing in Kropyvnytskyi.
Briefly about the main points
- Ruslan Stefanchuk commented on the possibility of legalising same-sex marriage in Ukraine.
- According to him, Article 51 of the Constitution stands in the way of granting such unions the status of marriage.
- Article 51 stipulates that marriage is based on the free consent of a woman and a man.
- The Constitution of Ukraine may not be amended during a state of war or a state of emergency.
- The possibility of another form of legal recognition for same-sex couples remains a separate issue.
Stefanchuk explained his position on same-sex marriage
The issue was raised during discussions on the new Civil Code of Ukraine and the future regulation of family relations.
Stefanchuk He explained that it was precisely the possibility of granting same-sex couples the status of marriage that had become one of the most contentious issues during the drafting of the document.
«There is an obstacle here — Article 51 of the Constitution.».
According to the Speaker of the Verkhovna Rada, he also discussed this issue with representatives LGBTQ+ communities. Stefanchuk stated that, under the current circumstances, recognising such partnerships is precisely marriage This is not possible due to the wording of the Constitution and the fact that the Constitution cannot be amended whilst martial law is in force.
What Article 51 of the Constitution actually says
Article 51 of the Constitution of Ukraine provides that «Marriage is based on the free consent of a man and a woman». At the same time, each spouse has equal rights and responsibilities within the marriage and the family.
Furthermore, Article 157 of the Constitution expressly provides: The Basic Law cannot be amended during a state of war or a state of emergency. It was precisely this provision that Stefanchuk referred to when explaining why constitutional amendments are not possible at present.
That said, the assertion that the Constitution completely prohibits any legal recognition of same-sex couples requires clarification. Article 51 relates specifically to marriage. Other forms of legal recognition of relationships, in particular registered partnerships, are a separate legal issue.
The ECHR has called on Ukraine to provide legal protection for same-sex couples
In 2023, the European Court of Human Rights, in the case of «Maymulakhin and Markiv v. Ukraine» found that the Convention had been breached due to the absence in Ukraine of any form of legal recognition and protection for same-sex relationships.
This does not necessarily mean the introduction of marriage as such. The ECtHR’s ruling concerns the need to provide same-sex couples with some form of legal recognition and protection for their relationships.
Consequently, the issue of same-sex marriage and that of civil or registered partnerships are not legally equivalent.
The new Civil Code is still being finalised
The discussion is taking place against the backdrop of preparations for the new Civil Code of Ukraine No. 15150.
Verkhovna Rada On 28 April 2026, it adopted the document as a basis. According to Parliament, the draft bill provides for a comprehensive overhaul of private law, and provisions of family law are also to be incorporated into the new codification.
Stefanchuk stated that, whilst the draft was being prepared, some of the provisions that had sparked heated public debate had been removed. He did not specify which provisions had been removed during the briefing.
