Ukraine court recognises queer couple as a family
It's a major step forward for the LGBTQ community.
A district court in Ukraine has formally recognised a same-sex couple as family - a major step forward for queer equality for the Ukrainian LGBTQ community.
Reporting by the Kyiv Independent says that the plaintiffs in the case were Zoryan Kis - first secretary of Ukraine’s Embassy in Israel - and his longtime partner, Tymur Levchuk. The couple has lived together since 2013 and were married in the US in 2021.
Ukraine does not currently recognise same-sex marriages or civil unions, and in 2024, Ukraine’s Foreign Ministry refused to acknowledge Levchuk as Kis’s family member, denying him spousal rights to accompany his husband on his diplomatic posting to Tel Aviv.
The couple filed a legal complaint against the Foreign Ministry.
The court’s decision cited both the Ukrainian constitution and precedent from the European Court of Human Rights (ECHR), to which Ukraine is a signatory. ECHR requires member states to ensure legal recognition and protection for same-sex families.
The couple’s shared finances and property, joint travel records, photographs, correspondence, and witness testimony were among the evidence considered by the court in determining whether the couple had established a long-term domestic partnership - ultimately finding against the Foreign Ministry and confirming that Levchuk was Kis's family member.
“A very big and important step toward marriage equality in Ukraine, and a small victory in our struggle for ‘simple family happiness’ for Ukrainian diplomats...” Kis posted to Facebook after the court delivered its judgment. “Now we have a court ruling that confirms our feelings."
This decision by the district court puts the legal precedent ahead of the legislative process. The Ukrainian government has introduced legislation that would recognise civil partnerships but it is making slow progress through the committee stages.
Kis and Levchuk are longtime civil rights activists in Ukraine. In 2015, the couple filmed a video for Ukrainian online magazine Bird in Flight, reenacting a recent social experiment conducted in Moscow featuring two young men holding hands as they walked through the city to gauge the public’s reaction.
What’s life like for LGBTQ people in Ukraine?
LGBTQ equality in Ukraine is a bit of a complicated picture - with the Russian invasion adding further complexity. We have heard from LGBTQ community leaders in Ukraine that the war has made things better for queer people - conscripted into the military and playing active roles in the war effort has helped to dismantle some of the systemic homophobia that had previously dogged Ukraine. But it seems that those underlying prejudices remain a very real threat to the safety of LGBTQ people.
The war has also highlighted how the continuing lack of equality directly impacts queer people. With no legal recognition of same-sex relationships, partners have no rights in the event of their death or injury, and aren't granted leave to meet loved ones.
Lack of progress on LGBTQ equality is likely to be a key discussion point for political leaders as Ukraine moves closer to alignment with the European Union.
Let’s take a look at some of the key equality indicators.
Is homosexuality legal in Ukraine?
Same-sex sexual activity was illegal in Ukraine – under the criminal code that was operated by the Soviet Union.
In 1991 the law was changed, which effectively removed the criminalisation of gay sex.
Are there anti-discrimination protections in place for LGBTQ people in Ukraine?
The position regarding discrimination protection in Ukraine is a bit confusing.
In 2015 the country enacted an anti-discrimination law that protects people from discrimination based on sexual orientation or gender identity. However it is clear that this was passed reluctantly as a requirement for Ukraine to move forward in its negotiations with the European Union.
In 2016 the Ukrainian parliament failed to back the Istanbul Convention (a European hate crimes law) because of its references to sexual orientation and gender).
Is there Marriage Equality in Ukraine?
There is no legal recognition of same-sex relationships.
The constitution explicitly defines marriage as being between a man and a woman.
What’s life like for LGBTQ people in Ukraine?
Ukraine is a very religious, and socially conservative country.
Pride celebrations are routinely targeted by violent attacks from homophobic groups.
The ILGA report on LGBTQ Equality in Europe ranked Ukraine 40th overall. With a total score of 18.76%, Ukraine scored well on Civil Society Space but lost points on all other criteria.
