2015 action plan

On 23 November 2015, the Government of Ukraine approved an action plan to implement a "National Strategy on Human Rights" in the period up to 2020, which included the promise of drafting a bill creating civil partnerships for opposite-sex and same-sex couples by 2017.^[15][16][17] However, in early 2018, the Ministry of Justice, led by Pavlo Petrenko, stated that "the development and submission to the government of a draft law on the legalization of a registered civil partnership in Ukraine cannot be implemented" due to "numerous appeals from the regional councils, the Council of Churches and other religious organizations".^[18]

2022 petition

On 3 June 2022, an online petition was launched on the official website of the President of Ukraine calling for the legalization of same-sex marriage. Citing the Russian invasion of Ukraine, the text of the petition stated: "At this time, every day may be the last. Let people of the same sex have the opportunity to start a family and have an official document confirming this. They need the same rights as traditional couples." Oksana Solonska, the media communications manager of Kyiv Pride, said, "It is important that LGBTQ people have the right to see their partner and take their body from the morgue, and seek compensation if needed. All married couples have these rights. We really hope that same-sex marriage will be legalised, so people will be able to take care of each other." The petition quickly gained signatures, and by 13 July, the petition had gathered more than 28,000 signatures. Any petitions that gather more than 25,000 signatures automatically trigger the president's consideration.^[19]

On 2 August 2022, President Volodymyr Zelenskyy issued an official response to the petition. Zelenskyy said it would be impossible to legalize same-sex marriage without an amendment to the Constitution of Ukraine, and that "[t]he Constitution of Ukraine cannot be changed during martial law or a state of emergency". "The Family Code of Ukraine defines that the family is the primary and main unit of society. A family consists of persons who live together, are connected by common life, have mutual rights and obligations. According to the Constitution of Ukraine, marriage is based on the free consent of a woman and a man (Article 51).",^[3] Zelenskyy wrote. However, Zelenskyy said that his government would work on a bill to legalize civil partnerships in Ukraine. "In the modern world, the level of democratic society is measured, among other things, through state policy aimed at ensuring equal rights for all citizens. Every citizen is an inseparable part of civil society, he is entitled to all the rights and freedoms enshrined in the Constitution of Ukraine. All people are free and equal in their dignity and rights."^[20] He called on Prime Minister Denys Shmyhal to address the issue.^[21] Shmyhal instructed the Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Social Policy to consider the issues raised in the petition. Ukraine is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.^[22]

The Russo-Ukrainian War has spurred efforts within the military to legalize same-sex unions, because the partners of gay soldiers are not afforded the same rights and privileges as opposite-sex partners, "although they are fighting just as bravely as their fellow straight combat troops". A soldier in Donbas said, "When we defend the country, we dismantle Russian propaganda about all gay people being communists, Marxists, and anti-Ukraine. We have destroyed these homophobic myths by fighting the Russians and risking our lives for Ukraine."^[23] In August 2023, two women, Stanislava Petlysia and Alina Shevchenko, held a symbolic same-sex wedding ceremony in Kharkiv to protest the lack of legal recognition for same-sex relationships.^[24][25]

Introduction of legislation in 2023

Same-sex couples do not have a right to inheritance, hospital visitations or to make medical decisions for an ill partner. "If [my] (partner) dies ... [I] won't be allowed even to bury [him] ... they might not let [me] into the hospital", said a cadet specialising in aerial reconnaissance who had joined the Armed Forces of Ukraine in the wake of the Russian invasion. LGBT groups described Zelenskyy's statement as "historic", and called on a bill to be passed as soon as possible: "People need this now", said Olena Shevchenko.^[26] The introduction of civil partnerships (Ukrainian: цивільне партнерство, cyvílʹne partnérstvo, pronounced [tseˈʋ⁽ʲ⁾ilʲne pɐrtˈnɛrstwɔ])^{[lower-alpha 1]} would allow same-sex couples to enjoy some of the rights and benefits of marriage, including property rights, maintenance, inheritance, and spousal privilege, among others. MP Inna Sovsun said she was considering introducing her own civil union bill to Parliament should the government fail to do so.^[14] Sovsun introduced a civil partnership bill with 18 cosponsors in March 2023.^[29] The bill passed two parliamentary committees with unanimous support in May.^[30] A petition in support of registered partnerships was submitted to Parliament in April 2023 with 25,000 signatures.^[4]

In May 2023, Zelenskyy said that the Ministry of Justice was working on introducing its own partnership bill.^[6][7] The Ministry gave final approval to a draft civil union bill on 22 October 2023,^[31] and the government vowed to approve the bill by the end of 2023.^[32][33] Conservative politician Andriy Kozhemiakin of the Batkivshchyna party told Parliament in June 2023 he supported the bill because "If it will never exist in Russia, it should exist and be supported here."^[34]