Same-Sex Marriage in the European Union: A Comparative and Constitutional Analysis of Legal and Administrative Analogies

Same-sex marriage has become one of the main issues in contemporary legal discourse in Europe, reflecting increasingly complex social, cultural, and political dynamics. This issue is highly relevant in European countries, where societal demands and international obligations related to human rights intersect. This study aims to examine legal regulations on same-sex marriage in the European Union. The method used is comparative and classificatory legal analysis with a doctrinal approach to legal texts and recent case law of the European Court of Human Rights (ECHR). Analysis of cases such as Makate v. Lithuania and Maimulakhin and Markiv v. Ukraine indicates that the absence or prohibition of legal recognition of same-sex couples may be considered a violation of the right to private and family life, freedom of expression, and the prohibition of discrimination as stipulated in the European Convention on Human Rights. This study concludes that despite ongoing political and cultural resistance in some European countries, the trend toward legalizing same-sex marriage is gaining momentum in response to public demands and international legal standards. However, such marriages remain inconsistent with the original purpose and nature of marriage between men and women.