The Ukrainian court for the first time recognized a same-sex couple as spouses, opening a new practice in law.

The Kyiv Court of Appeal upheld the decision of the Desnyansky District Court, for the first time establishing the facts of cohabitation between Zoryan Kis and Timur Levchuk, recognizing their relationship as marital. This important step took place on September 10, 2023.

The message was published by the public organization “Insight”.

Case Context

Zoryan Kis, who holds the position of First Secretary of the Embassy of Ukraine in Israel, and his partner Timur Levchuk, a human rights activist and head of the public organization “Fulcrum”, appealed to the Ministry of Foreign Affairs with a request to issue a service detachment for them. The Ministry refused, citing legislation that defines marriage exclusively as a union of spouses. In response, the couple filed a lawsuit to recognize the existence of marital relations.

Court Decision

The court of first instance, considering the evidence presented, established that the men lived together for a long time, had a joint household, and shared financial obligations, caring for each other. The Desnyansky court in its decision relied on the Constitution of Ukraine, the conclusion of the Constitutional Court of 1999, which expands the concept of family, and the practice of the European Court of Human Rights in the context of the right to family life.

An unusual step was taken by the public movement “All Together” by filing an appeal, despite not being parties to the proceedings. The appellate court dismissed the complaint, confirming the decision of the first instance.

Reaction and Public Support

Representatives of the organization “Insight” characterized the decision as an achievement for the LGBTI+ community. The statement notes that this is a step forward for the entire community and expresses gratitude to everyone who supported the couple in the legal process. “When we are together, we achieve goals,” is noted in the public reaction.

Under the walls of the court, activists unfurled posters with slogans: “My family exists, but the state does not recognize it” and “Family beyond stereotypes,” highlighting the current issues of recognizing the rights of the LGBTI+ community in the country.

The Future of Equality

The organization “Insight” also expressed hope for further prerequisites for achieving equality in the legal field of Ukraine. The support of the community and activists has proven itself in this significant victory, which undoubtedly requires continued efforts to protect the rights of all families, regardless of their composition.