Informujemy, że Państwa dane osobowe są przetwarzane przez Fundację Instytut na Rzecz Kultury Prawnej Ordo Iuris z siedzibą w Warszawie przy ul. Górnośląskiej 20/6, kod pocztowy 00-484 (administrator danych) w celu informowania o realizacji działań statutowych, w tym do informowania o organizowanych akcjach społecznych. Podanie danych jest dobrowolne. Informujemy, że przysługuje Państwu prawo dostępu do treści swoich danych i możliwości ich poprawiania.
Skip to main content
Facebook Twitter Youtube

Czech Constitutional Court ruled out the possibility of concluding 'same-sex marriage' and homoadoption

Published: 25.08.2021

Adobe Stock

The Constitutional Court of the Czech Republic ruled that the constitution excludes the legal possibility of equating civil partnership with the institution of marriage understood as a union between a woman and a man.

This is in response to the ongoing work in the Czech Parliament on a law on so-called marriage equality, which aimed to introduce 'same-sex marriages'.

The Constitutional Court also ruled that the Czech constitution does not allow same-sex couples to adopt children. Back in 2015, this court ruled out the possibility of adoption by couples other than married couples.

Thus, the Constitutional Court ended the state of uncertainty that had arisen in connection with the decisions of the common courts, which had ruled several times in favour of the possibility of adoption by civil partnerships.

The judgement is also a message to the European Commission, which recently proposed to impose an obligation to recognise same-sex parenthood, despite the Union's lack of competence to regulate this issue.

The Czech Constitutional Court ruled as far back as 2006 on the essentially superior role of the Czech constitution over EU law.


The Constitutional Court of the Czech Republic, addressing the doubts raised by the common courts, ruled that under the Czech constitution, there is no legal possibility for same-sex couples to adopt children. Czech law allows adoption only by married couples, which, according to the constitution, can only be entered into by a man and a woman. These adoption law regulations are dictated, according to the court's reasoning, by concern for the child's welfare and the scientifically proven better psychosocial growth of children raised in homes with both male and female role models. Back in 2015, the same Constitutional Court rejected the possibility for unmarried couples to adopt children and argued at the time that such relationships were less stable. In the current ruling, it reiterated that 2015 judgement. The court also reiterated that it was necessary to prioritise the best interests of the child.


In connection with the draft in the Czech parliament aimed at introducing so-called marital equality, and thus leading to the implementation of the institution of 'same-sex marriage' in the Czech Republic (the institution of a civil partnership has been operating in the Czech Republic since 2006), the Constitutional Court also recalled that the Czech constitution does not provide the possibility of equating any other form of relationship with marriage understood as a union of a woman and a man. As in Poland, in the Czech Republic the institution of marriage remains under constitutional protection.


The judgement of the Czech Constitutional Court is also very important in the context of the European Union's increasingly unlawful attempts to interfere in the family law of member states. In April 2021, the European Commission announced that it would begin working on a regulation on the recognition of parenthood between Member States. The preliminary assumptions of the document indicate that the regulation will aim to bring about the acceptance of adoptions conducted in another country by same-sex couples. Despite the fact that on the basis of the EU Treaties, family law is the exclusive competence of the Member States, the European Commission is planning a profound interference in the system of family law by forcing Member States to formally accept situations in which another state has recognised same-sex parenthood.


In its judgement, the Constitutional Court of the Czech Republic in principle leaves no other option than for the Czech Republic to veto the proposed regulation when the Council starts considering it. Due to the unanimity rule, one vote 'against' may lead to the rejection of the regulation.


As early as in 2006, the Czech Constitutional Court recognised that the recognition of primacy of EU law is only of conditional character (ref. Pl. US 50/0453), and in its judgement of 26 November 2008, it explicitly stated that the Czech Constitutional Court has the power to "issue final decisions and may adjudicate whether EU legal acts do not exceed the competences transferred to the Community bodies (ref. Pl.US. 19/08). The line of jurisprudence developed by the Czech Constitutional Court has also already been successfully used to challenge the CJEU judgement on the so-called Slovak pensions. 


'The Czech Constitutional Court recalled and confirmed the constitutional values on which the entire local legal and social order is based. Without a doubt, the verdict, which confirms the identity of marriage as a union of a woman and a man, the primacy of the child's welfare over the ambitions of adults, and the concern for the best conditions for the development of a young person is opposed to political correctness, is a very important step reminding us that we all live in a legal order that must be respected regardless of political trends. In view of the increasing attempts of the European Union to interfere with the family law of the Member States, this judgement should also be interpreted as an announcement of opposition to the violation of the Union's competences in this area', commented Anna Kubacka from the Center for International Law.

Family and marriage


Strasbourg court orders Romania to institutionalize same-sex cohabitation, despite opposition from majority of society

· The European Court of Human Rights has ruled that Romania violated the right to respect for private and family life of 21 same-sex couples who complained that their cohabitation could not be formalized.

· The complainants demanded payment of more than half a million euros in compensation for the "psychological suffering" involved.

· The Court ruled on the violation, but refused to award compensation.

Read more
Family and marriage


"Ideology leads societies down a dead end" - Ordo Iuris at international conference in Lithuania

· The Lithuanian Movement of Families held an international conference in Vilnius this past weekend entitled. "Standing up for natural rights, let's save Europe together."

· The discussion at the event focused on emphasizing the value of the family and the fundamental right of parents to raise their children according to their own beliefs, as well as the dangers accompanying them due to technological advances, globalization and the promotion of gender ideology.

Read more
Family and marriage


Istanbul Convention adopted by EU only in part, without provisions promoting gender ideology

· The European Parliament has passed a resolution agreeing to conclude the Istanbul Convention in its entirety for EU institutions and in part for member states.

· The document is controversial due to some provisions promoting gender ideology.

· The EU's accession to the convention would allow EU institutions to impose financial penalties on countries for "inadequate" implementation of its provisions.

Read more
Family and marriage


Strasbourg Court: state can refuse to recognize man as mother and woman as father

· The European Court of Human Rights in Strasbourg has dismissed complaints against decisions by German civil registry offices that refused to enter information on birth certificates that did not conform to the biological sex of two people.

· The first case involved a woman who changed her metric sex from female to male on her documents and began hormone therapy. After stopping the therapy, she gave birth to a child conceived through in vitro fertilization.

Read more