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The ruling specifically states that "in regards to the term 'newlyweds,' the writers—both of the past and the present—who interpreted the Civil Code, suggest that the definition of marriage as given by the Roman jurist Modestinus, under the influence of Christian religion, concerns men and women." It also states that marriage "is the union of man and woman, under god, in a human and just society." It follows logically then, that in the interpretative literature of the Greek civil code, gender difference is referred to as the necessary and legal condition of marriage, despite the fact that several authors point out that this is not explicitly stated in the law.I asked Hirdaris if ancient definitions are often used in the trial of contemporary issues. "The court considers that law should be interpreted in accordance with the present," he replied. "It must adapt legislation to current circumstances and take into account the manners and customs of the period so that the law can live up to the passing of time. You can not use a piece of legislation that was passed in the 1950s—as the Civil Code does—based on a legal thought dated ca. 250 AD. It is regressive and it shows that there are no grounds on which one can refute the marriage of same-sex couples."
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Evangelia Vlami, one of the women who got married, disagrees with him about public opinion. "Greek society is extremely open-minded," she said. "When people heard about our wedding, they congratulated me and offered their support. I remember one woman—she had her child in her arms—stopped me on the way to the town hall. I thought she was going to swear at me or something, but she told me that she thought it was both right and brave that I defended what I believed in."Vlami believes that the decision was political and not judicial: "We knew that we would have to take the case to the European court before any of this happened. I don't think anyone will stand for such a political decision though," she said. "The reason that our society remains regressive has to do with the decisions of politicians, the church and the judges—not Greek citizens."When I asked whether she finds it funny that her case was "legislated" by a man who lived in 250 AD, Vlami replied, "I don't find it funny because I am here—living in the present. I feel like I am called upon to prove that the Earth isn't flat, even though some physicist wrote it was centuries ago."As it stands, both cases have been brought to the Greek Supreme Court. The men's case is set for trial on May 11, while the women's case should be tried in November. Both Hirdaris and Vlami expect to be forced to appeal to the European Court in Strasbourg after that."The reason that our society remains regressive has to do with the decisions of politicians, the church and the judges—not Greek citizens." –Evangelia Vlami