|Status||Legal since 1961,|
age of consent equalized in 2002
|Gender identity||Legal gender change is de facto impossible since 2018, explicitly illegal since 2020.|
|Military||Gays, lesbians and bisexuals allowed to serve|
|Discrimination protections||Sexual orientation and gender identity protections (see below)|
|Recognition of relationships|| Unregistered cohabitation since 1996,|
Registered partnerships since 2009
|Restrictions||Same-sex marriage constitutionally banned|
|Adoption||No joint adoption by same-sex couples; no adoption of same-sex partner's child, explicitly illegal since 2020.|
LGBT people in Hungary may face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex registered at birth is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to opposite-sex married couples. Registered partnership for same-sex couples was legalized in 2009, but same-sex marriage is banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians – and this trend continues under the Fidesz government of Viktor Orbán.
The first Hungarian Penal Code by Károly Csemegi (1878) punished homosexuality between men ("természet elleni fajtalanság" – perversion against nature (nature's law)) with prison up to 1 year. Homosexual activity above the age of 20 was decriminalized in 1961, then above the age of 18 in 1978 by the new Penal Code. The age of consent, which is 14, has applied equally to heterosexual and homosexual activity since a Constitutional Court decision of 2002. Gay and bisexual people are not banned from military service.
Unregistered cohabitation has been recognised since 1996. It applies to any couple living together in an economic and sexual relationship (common-law marriage), including same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together. Unregistered cohabitation is defined in the Civil Code as "when two persons are living together outside of wedlock in an emotional and financial community in the same household, provided that neither of them is engaged in wedlock or partnership with another person, registered or otherwise, and that they are not related in direct line, and they are not siblings." Inheritance is possible only with testament, and widow-pension is available for couples cohabiting for more than 10 years.
On 17 December 2007, the Parliament adopted a registered partnership bill submitted by the Hungarian Socialist Party–Alliance of Free Democrats Government. The bill was found unconstitutional by the Constitutional Court because it duplicated the institution of marriage for opposite-sex couples. In February 2009, the Parliament approval a modified version of the bill. Since 1 July 2009, same-sex couples can enter into registered partnerships. The law gives the same rights to registered partners as to spouses except for adoption, assisted reproduction or taking a surname.
On 1 January 2012, a new constitution, enacted by the Parliament in 2011, came into effect, restricting marriage to opposite-sex couples and containing no guarantees of protection from discrimination on account of sexual orientation. [ citation needed ]However, discrimination on the basis of sexual orientation remains banned through interpretation of the general non-discrimination provision in the Constitution, as well as by the Equal Treatment Act.
Although same-sex couples cannot adopt jointly, adoption by individuals is illegal regardless of sexual orientation or partnership status. Stepchild adoption is only available for married (different-sex) couples.
Access to IVF and donor insemination is available for single women regardless of sexual orientation, but not available for lesbians cohabiting or in a registered partnership with their same-sex partners.
In November 2017, the Hungarian Ombudsman found that the rejection of a lesbian couple's adoption application was "an infringement on the child's right to protection and care, and amounted to unlawful discrimination based on sexual orientation." As joint adoption for same-sex couples isn't legal in Hungary, the couple decided that one of the partners would legally adopt the child. The couple was, however, very open about their relationship and were found suitable to adopt. During the following months, the couple took care of a 16-month-old girl, but child protection services later stopped the application procedure due to the couple's sexual orientation. This decision disrupted the life of the child, as she would not eat properly anymore and had to be taken to a child psychologist. The couple appealed to the Commissioner for Fundamental Rights (the Ombudsman responsible for the rights of children, nationalities in Hungary, vulnerable social groups and the interests of future generations), who found the child protection service's rejection of the couple unlawful and discriminatory. The Commissioner said that "a person wishing to adopt has no right to adopt a particular child, but s/he does have the right to equal treatment and equality before the law in the procedure." The Commissioner based their decision on the 2008 E.B. v. France case, in which the European Court of Human Rights ruled that one's sexual orientation should not be a factor in adoption cases.
In October 2020, while discussing a children's book published by an LGBT organisation on Magyar Rádió, the Hungarian Prime Minister Viktor Orban stated that, despite Hungary being "tolerant and patient" towards LGBT people, "there is a red line that cannot be crossed" and that "gays are to leave our children alone".
In November 2020, the Fidesz government proposed a Constitutional amendment which would ban adoption by same-sex couples. Language in the amendment would ensure "education in accordance with the values based on Hungary's constitutional identity and Christian culture". The same amendment would also severely restrict the ability of single-parent families to adopt.On 16th December 2020 the amendment was passed by the National Assembly with 123 ayes, 45 nays and five abstentions.
In 2000, the Constitutional Court recognized that the constitutional ban on discrimination based on "other status" covers sexual orientation as well. The Act on Public Health has banned sexual orientation-related discrimination in health services since 1997 and gender identity-related discrimination since 2004. : 2003. évi CXXV. törvény az egyenlő bánásmódról és az esélyegyenlőség előmozdításáról), which took effect in January 2004, forbids discrimination based on factors that include sexual orientation and gender identity in the fields of employment, education, housing, health, and access to goods and services. Article 8 of the Act states as follows:The 2003 Act on Equal Treatment and the Promotion of Equal Opportunities (Hungarian
Provisions that result in a person or a group [being] treated less favourably than another person or group in a comparable situation because of his/her sex, racial origin, colour, nationality, national or ethnic origin, mother tongue, disability, state of health, religious or ideological conviction, political or other opinion, family status, motherhood (pregnancy) or fatherhood, sexual orientation, sexual identity, age, social origin, financial status, the part-time nature or definite term of the employment relationship or other relationship related to employment, the membership of an organisation representing employees' interests, [and any] other status, attribute or characteristic are considered direct discrimination.
Additionally, Hungarian law prohibits hate crimes and hate speeches on the basis of one's sexual orientation and gender identity.
In December 2017, a government decree was published, establishing for the first time a legal basis for gender transitions. After 1 January 2018, transgender people living in Hungary were theoretically able to change their legal gender. They required a diagnosis from a medical professional, but did not have to undergo hormone therapy, sterilization or sex reassignment surgery.The Equal Treatment Act specifically included "sexual identity" among the list of protected characteristics.
However, Transvanilla – an organization based in Budapest which campaigns on behalf of transgender rights – reports that the government has refused to honor applications of the legal gender change since 2018. In 2019, a joint case of 23 people was created and submitted to the European Court of Human Rights.
Following the coronavirus lockdown of 2020, Viktor Orbán was enabled to rule by decree following an emergency powers act.On 31 March, the Transgender Day of Visibility, a bill was submitted that redefined the Hungarian term "nem", which may mean either "sex" or "gender", to mean sex at birth, defined as "the biological sex determined by primary sexual characteristics and chromosomes". Parliament voted in favor of the bill on 19 May 2020, making it impossible for individuals to change their legal gender. The vote was 134 yes, 56 no, and 4 abstentions. Dunja Mijatović, commissioner for human rights in the Council of Europe, stated it "contravenes human rights standards and the case law of the European Court of Human Rights". President János Áder signed the bill into law on 28 May 2020.
On January 2021 the government ordered that a book published by the Labrisz Lesbian Association carries warnings saying it "[contains] behaviour inconsistent with traditional gender roles".According to a government spokesperson, "the book is sold as a fairytale... but it hides the fact that it depicts behaviour inconsistent with traditional gender roles." In response, the association announced that they would be filing suit.
Gay and bisexual men were allowed to donate blood following a 12-month deferral period.In 2020, this deferral period was scrapped, with individualised risk assessment introduced.
Hungary was the host country of Mr Gay Europe 2007 contest and the EuroGames in 2012.
Budapest Pride was the first such event in the former Eastern Bloc, and draws a steady, but a moderate number of LGBT people and their supporters. The LGBT festival lasts a week every summer with a film festival, a pride march and parties across the city. The festival was opened in the past by notable public figures including Gábor Demszky, then Mayor of Budapest, and Kinga Göncz, then Minister of Foreign Affairs.
In correlation with the prime ministership of Viktor Orbán, LGBT rights in Hungary have stalled. In March 2016, the Hungarian Government blocked a proposed European Union agreement to combat discrimination against LGBT people.In May 2017, Prime Minister Orbán welcomed the World Congress of Families, a designated hate group by the Southern Poverty Law Center, at the National Parliament. In 2018, Hungary and Poland blocked a joint statement by EU employment and social affairs ministers intended to promote gender equity in the digital era because of objections to a reference to LGBT people. However, Austria—then president of the Council of the European Union—adopted the text regardless, though with modifications. While the reference to LGBT people was retained, the text was classified as "presidential conclusions" which do not carry the legal weight of formal Council conclusions.
In recent years, more and more politicians have resorted to use openly homophobic rhetoric.In 2014, Jobbik displayed a sign reading "The Parliament Does Not Want Any Deviants" during Budapest Pride, and verbally abused attendees and defaced posters in support of LGBT rights. In November 2016, it protested the painting of a fence with rainbow colours in Pomáz, even though the colouring had no connections to LGBT rights.
The 2017 Budapest Pride parade attracted thousands of people, and received the support of many embassies, including from Australia, Canada, France, Germany, the United Kingdom and the United States, as well as neighbouring Slovakia and Slovenia, among others.
In January 2018, the European Court of Justice ruled that asylum seekers may not be subjected by authorities to psychological tests in order to determine their sexual orientation.
In 2012, Jobbik MP Ádám Mirkóczki introduced a constitutional amendment to the Parliament seeking to ban "the promotion of sexual deviations". The amendment would punish the "promotion of homosexuality or other disorders of sexual behaviour" with up to 8 years in prison. LMBT Federation, a Hungarian LGBT advocacy group, protested against the amendment and called on Parliament to reject it. The Democratic Coalition also voiced their opposition and called it "mean and shameful".The amendment ultimately failed to pass.
In November 2016, the small Hungarian town of Ásotthalom passed a law banning "gay propaganda", Muslim call to prayer and Muslim clothing. Mayor László Toroczkai (Our Homeland) called on Christians locals to support a "holy war on Muslims and multiculturalism".In April 2017, after a lawsuit challenging the ban was filed, the Constitutional Court struck down the ban, ruling that it violated human rights law as it aimed to "limit directly the freedom of speech, conscience and religion".
In June 2018, the Hungarian State Opera House cancelled 15 Billy Elliot performances, after pro-government newspaper Magyar Idők claimed that the show could turn children gay.
In November 2020, the town of Nagykáta adopted a resolution banning the dissemination and promotion of so-called "LGBT propaganda".
After making pro-LGBT statements, former footballer and television pundit János Hrutka was fired by pro-government sports television Spíler TV in March 2021. Subsequently, the government media ( Nemzeti Sport and FourFourTwo) began to revive his player contracts from the past twenty years, with the intention of expiration.
Polls reflecting popular opinion on same-sex marriage in Hungary have shown a mixed picture.
According to a Eurobarometer survey published in December 2006, only 18 percent of Hungarians surveyed supported same-sex marriage, and only 13 percent recognized a same-sex couple's right to adopt, compared to the EU-wide average of 44 percent and 33 percent, respectively.However, a poll conducted a year after in 2007 indicated that 30 percent of the Hungarian public supported same-sex marriage.
The Eurobarometer poll taken in 2015 suggested 39% of Hungarians supported same-sex marriage. A more recent poll by the Pew Research Center, published in May 2017, suggested that 27% of Hungarians were in favor of same-sex marriage, while 64% opposed it. Support was higher among non-religious people (34%) and 18–34 year olds (39%), in contrast to Catholics (25%) and people aged 35 and over (23%).
In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Hungary was ranked 49th with a GHI score of 47.
According to a 2017 poll carried out by ILGA, 64% of Hungarians agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 15% disagreed. Additionally, 69% agreed that they should be protected from workplace discrimination. 13% of Hungarians, however, said that people who are in same-sex relationships should be charged as criminals, while 64% disagreed. As for transgender people, 60% agreed that they should have the same rights, 64% believed they should be protected from employment discrimination and a plurality of 48% believed they should be allowed to change their legal gender.
|Same-sex sexual activity legal||(Since 1961)|
|Equal age of consent (14)||(Since 2002)|
|Anti-discrimination laws in employment||(Since 2004)|
|Anti-discrimination laws in the provision of goods and services||(Since 2004)|
|Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)||(Since 2004)|
|Same-sex marriage||/ (Constitutional ban since 2012; same-sex marriages performed in the EU recognised for residency purposes)|
|Recognition of same-sex couples||(Cohabitation since 1996, registered partnership since 2009)|
|Adoption by a single LGBT person||(Constitutional ban since 2020)|
|Stepchild adoption by same-sex couples||(Constitutional ban since 2020)|
|Joint adoption by same-sex couples||(Constitutional ban since 2020)|
|Gays, lesbians and bisexuals allowed to serve in the military|
|Transgender people allowed to serve in the military|
|Conversion therapy banned on minors|
|Right to change legal gender||( de facto banned since 2018, de jure banned since 2020)|
|Access to IVF for lesbian couples||(Available to single women, but not to lesbian couples)|
|Commercial surrogacy for gay male couples||(Banned regardless of sexual orientation)|
|MSM allowed to donate blood||(Since 2020)|
Lesbian, gay, bisexual, and transgender (LGBT) rights in Austria have advanced significantly in the 21st century. Both male and female same-sex sexual activity are legal in Austria. Registered partnerships were introduced in 2010, giving same-sex couples some of the rights of marriage. Stepchild adoption was legalised in 2013, while full joint adoption was legalised by the Constitutional Court of Austria in January 2015. On 5 December 2017, the Austrian Constitutional Court decided to legalise same-sex marriage, and the ruling went into effect on 1 January 2019.
Attitudes in Ireland towards lesbian, gay, bisexual, and transgender (LGBT) people are regarded as among the most liberal in the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female same-sex sexual activity have been legal in the state since 1993. Government recognition of LGBT rights in Ireland has expanded greatly over the past two decades. Homosexuality was decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation.
Lesbian, gay, bisexual and transgender (LGBT) rights in Iceland are very progressive. Iceland is frequently referred to as one of the most LGBT-friendly countries in the world. Same-sex couples have had equal access to adoption and IVF since 2006. In February 2009, a minority government took office, headed by Jóhanna Sigurðardóttir, the world's first openly gay head of government in modern times. The Icelandic Parliament amended the country's marriage law on 11 June 2010 by a unanimous vote to define marriage as between two individuals, thereby making same-sex marriage legal. The law took effect on 27 June 2010.
Lesbian, gay, bisexual, transgender (LGBT+) rights in Sweden are regarded as some of the most progressive in Europe and in the world. Same-sex sexual activity was legalized in 1944 and the age of consent was equalized to that of heterosexual activity in 1972. Sweden also became the first country in the world to allow transgender persons to change their legal gender post-sex reassignment surgery in 1972 whilst transvestism was declassified as an illness. Legislation allowing legal gender changes without hormone replacement therapy and sex reassignment surgery was passed in 2013.
Lesbian, gay, bisexual, transgender (LGBT) rights in the Netherlands have been some of the most progressive in the world. Same-sex sexual activity was legalized in 1811 after France invaded the country and installed the Napoleonic Code, erasing any remaining sodomy laws and no more were enacted after the country received independence. An age of consent equal with that of heterosexual activity was put in place in 1971. During the late 20th century, awareness surrounding homosexuality grew and society became more tolerant of gay and bisexual people, eventually leading to its declassification as a mental illness in 1973 and a ban on discrimination based on sexual orientation in the military. The Equal Treatment Act 1994 bans discrimination on account of sexual orientation in employment, housing, public accommodations, and other areas. This was extended in 2019 to include discrimination based on gender identity, gender expression and sex characteristics. After the country began granting same-sex couples domestic partnerships benefits in 1998, the Netherlands became the first country in the world to legalize same-sex marriage in 2001. Same-sex joint and stepchild adoption are also permitted, and lesbian couples can access IVF as well.
Lesbian, gay, bisexual and transgender (LGBT) rights in Malta are of the highest standards, even by comparison to other European countries. Throughout the late 20th and early 21st centuries, the rights of the LGBT community received more awareness and same-sex sexual activity was legalised in 1973, with an equal age of consent.
Norway, like the other Scandinavian countries, is very progressive in regards to lesbian, gay, bisexual and transgender (LGBT) rights. In 1981, Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009. In 2016, Norway became the fourth country in Europe to pass a law allowing the change of legal gender for transgender people solely based on self-determination.
Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. Sixteen out of the 28 countries that have legalised same-sex marriage worldwide are situated in Europe. A further thirteen European countries have legalised civil unions or other forms of more limited recognition for same-sex couples.
Lesbian, gay, bisexual, transgender (LGBT) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation. However, homosexuality is still viewed by Kosovar society as a taboo topic.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Michigan may face legal challenges not faced by non-LGBT residents. Same-sex sexual activity is legal in Michigan, as is same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is not explicitly banned within state law. However, a ruling of the Sixth Circuit Court of Appeals and a decision of the Michigan Civil Rights Commission have ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Wisconsin have many of the same rights and responsibilities as heterosexuals; however, the transgender community may face some legal issues not experienced by non-trans residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.
Lesbian, gay, bisexual, and transgender (LGBT) persons in North Macedonia may face legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Montana may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Montana since 1997. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples, as same-sex marriage has been recognized since November 2014. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. A number of cities also provide protections in housing and public accommodations.
Lesbian, gay, bisexual and transgender (LGBT) people in the U.S state of Idaho face some legal challenges not experienced by non-LGBT people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of Guernsey have improved significantly in the past decades. Same-sex sexual activity for both men and women is legal in Guernsey. Same-sex marriage has been legal since 2 May 2017 in Guernsey, and since 14 June 2018 in its dependency, Alderney. Legislation approving the legalisation of same-sex marriage in its other dependency, Sark was given royal assent on 11 March 2020. Guernsey is the only part of the British Isles to have never enacted civil partnership legislation, though civil partnerships performed in the United Kingdom were recognised for succession purposes. Since April 2017, same-sex couples can adopt in the entire Bailiwick. Discrimination based on sexual orientation and gender identity has been banned since 2004. Transgender people can legally change gender since 2007.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBT people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only country/territory of the United Kingdom that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.
This is a list of notable events in the history of LGBT rights that took place in the year 2016.
This is a list of notable events in the history of LGBT rights that took place in the year 2020.
|Wikimedia Commons has media related to LGBT in Hungary .|