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Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
Cohabitation law applies to couples living together in an economic and sexual relationship, including opposite-sex and same-sex couples. No official registration is required. Hungarian law gives some specified rights and benefits to two persons living together. These rights include hospital visitation and access to medical information, jail and prison visitation rights for the partner of an incarcerated person, right to make decisions about the deceased partner's funeral, right to declare a same-sex partner as a next of kin, widow's pension, immigration rights, etc. Some of these benefits require an official statement from the social department of the local government that proves that the partners are indeed cohabiting.
In 2007, the Gyurcsány Government, comprising the Alliance of Free Democrats (SZDSZ) and the Hungarian Socialist Party (MSZP), submitted a bill to the National Assembly to establish registered partnerships for both same-sex and opposite-sex couples. Parliament adopted the bill on 17 December 2007. [1] This act would have provided all of the rights of marriage to registered partners except for the ability to adopt and to take a common surname. The registered partnership act would have entered into force on 1 January 2009, but on 15 December 2008 the Hungarian Constitutional Court declared it unconstitutional on the grounds that it duplicated the institution of marriage for opposite-sex couples. The court found that a registered partnership law that only applied to same-sex couples would be constitutional; indeed, it opined that the Parliament had a duty to introduce such a law. Prime Minister Ferenc Gyurcsány instructed the Minister of Justice, Tibor Draskovics, to draft a new, revised bill that would conform to the court's decision.
On 23 December 2008, the government announced that it would introduce a new registered partnership bill in line with the Constitutional Court's decision. The legislation would offer same-sex couples all of the rights offered by the previous act, and would be presented to Parliament as early as February 2009. [2] On 12 February 2009, the government approved the new bill, [3] and it was adopted by the National Assembly on 20 April 2009. [4] 199 MPs (from the governing Socialist and Alliance of Free Democrats parties) voted for the bill, while 159 MPs (mostly from Fidesz and the Christian Democratic People's Party) voted against it, and 8 unallied MPs abstained. The new registered partnership act took effect on 1 July 2009. On 23 March 2010, the Constitutional Court ruled that the law is constitutional. [5]
| Party | Voted for | Voted against | Abstained |
|---|---|---|---|
| Hungarian Socialist Party | 183 | - | - |
| Alliance of Free Democrats – Hungarian Liberal Party | 16 | - | - |
| Fidesz – Hungarian Civic Alliance | - | 131 | - |
| Christian Democratic People's Party | - | 22 | - |
| Independents | - | 6 | 8 |
| Total | 199 | 159 | 8 |
Registered partnerships (Hungarian : bejegyzett élettársi kapcsolat, pronounced [ˈbɛjɛɟzɛtːˈeːlɛtːaːrʃiˈkɒpt͡ʃolɒt] ) are only open to same-sex couples. Registered partners are entitled to the same inheritance and property rights, widow's pension, tax benefits, social benefits, and immigration and naturalization rights as married spouses. Partners are also entitled to receive information about the health of their partner and make medical decisions if the partner cannot do so themselves (e.g. accident), are treated as next-of-kin in criminal law, and are protected from domestic violence. Unlike married spouses, registered partners cannot take a common surname, adopt or participate in artificial insemination. [6]
In February 2018, the Budapest District Court ruled that Hungary must recognize same-sex marriages performed abroad as registered partnerships. [7]
The number of registered partnerships established in Hungary per year is shown in the table below. [8] [9] [10]
| 2009 | 2010 | 2011 | 2012 | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | Total | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Female | 49 | 61 | 24 | 32 | 21 | 30 | 36 | 50 | 49 | 44 | 43 | 44 | 64 | 53 | 600 |
| Male | 18 | 19 | 21 | 9 | 9 | 12 | 29 | 34 | 38 | 86 | 66 | 80 | 76 | 98 | 595 |
| Total | 67 | 80 | 45 | 41 | 30 | 42 | 65 | 84 | 87 | 130 | 109 | 124 | 140 | 151 | 1,195 |
In September 2007, the liberal Alliance of Free Democrats, part of the governing coalition since the 2002 elections, presented a draft same-sex marriage bill to the Parliament's Human Rights Committee. This would have defined marriage as the union of "two persons" over the age of 18 irrespective of gender. [11] On 6 November 2007, the committee rejected the bill without debate. Opponents of the bill pointed to a Constitutional Court ruling a few months earlier that defined the institution of marriage as a bond "between a man and a woman". [12]
On 1 January 2012, a new constitution enacted by the government of Viktor Orbán, leader of the ruling Fidesz party, came into effect, restricting marriage to opposite-sex couples and containing no guarantees of protection from discrimination on account of sexual orientation. [13] Article L reads: "Hungary shall protect the institution of marriage as the union of a man and a woman established by voluntary decision, and the family as the basis of the nation's survival." [lower-alpha 1]
On 29 June 2015, Deputy Gábor Fodor from the Liberal Party introduced a constitutional amendment to define marriage as "a union of two people" and a bill to make appropriate changes in statutory laws. [16] [17] [18] [19] Both measures were rejected by the Parliament's Justice Committee on 26 October 2015. [16] [17] [20]
The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [21] The Hungarian Catholic Bishops' Conference released a statement on 27 December stressing that the "declaration does not change Church teaching on marriage and sexual morality", adding that "considering the pastoral situation of our country, the bishops' conference formulates as a guideline for pastors that we can bless all people individually, regardless of their gender identity and sexual orientation, but we should always avoid giving a common blessing to couples who live together in a purely conjugal relationship, in a non-ecclesially valid marriage or in a same-sex relationship." [22]
Several opinion polls have been conducted to gauge the attitudes of Hungarians on the issue of same-sex marriage and registered partnerships. A Eurobarometer survey released in December 2006 found that 18% of Hungarians believed same-sex marriages should be allowed throughout Europe. [23] A poll conducted by Medián in July 2007 showed that 30% of respondents considered it "acceptable" for same-sex couples to get married, [24] and a poll by MASMI (Market Research & Public Opinion Polling) published in December 2007 showed that 35% of Hungarians were in favour of allowing same-sex couples to marry. [25]
A poll by Szonda Ipsos in September 2009 found that the majority of Hungarians, 58%, supported the newly introduced registered partnership law for same-sex couples. [26]
A May 2013 Ipsos poll found that 30% of respondents were in favour of same-sex marriage and another 21% supported other forms of recognition for same-sex couples. [27] The 2015 Eurobarometer found that 39% of Hungarians thought same-sex marriage should be allowed throughout Europe, while 53% were opposed. [28]
A 2016 opinion poll conducted by Budapest Pride and Integrity Lab found that 36% of Hungarians were in favour of same-sex marriage, while 56% were opposed and 7% were undecided (21% "strongly" supported, 15% "somewhat" supported, 15% "somewhat" opposed and 41% "strongly" opposed). The poll also found that 60% of the population agreed that lesbian, gay and bisexual people should have the same rights as heterosexual people, and 46% supported adoption rights for same-sex couples with 47% opposed. Support for same-sex marriage was higher among women (40%) than men (33%), higher among university graduates (43%), and higher among people who personally knew a gay person (46%). Opposition was mainly concentrated among religious people, with 75% of regular church attendees opposing same-sex marriage, decreasing based on the level of church attendance, and among voters of the ruling Fidesz party (71%). Among irreligious people, support and opposition both stood at 47%. Despite a majority of Hungarians opposing same-sex marriage, the poll found that 60% disagreed with the belief that same-sex marriage poses a threat to Hungarian values and 66% were of the opinion that "same-sex couples want to get married as a show of their mutual love and devotion". [29]
A poll by Pew Research Center published in May 2017 found that 27% of Hungarians were in favor of same-sex marriage, while 64% opposed it. Support was highest among non-religious people (34%) and 18–34 year olds (39%), but lowest among Catholics (25%) and people aged 35 and over (23%). [30] The 2019 Eurobarometer found that 33% of Hungarians thought same-sex marriage should be allowed throughout Europe, while 61% were opposed. [31]
A May 2021 Ipsos poll showed that 46% of Hungarians supported same-sex marriage, 20% supported partnerships but not marriage, while 18% were opposed to all legal recognition for same-sex couples, and 17% were undecided. [32] A GLOBSEC survey conducted in March 2023 showed that 56% of Hungarians supported same-sex marriage, while 37% were opposed. This was the first time a poll had found majority support for same-sex marriage in Hungary. [33] A Pew Research Center poll conducted between February and May 2023 showed that 31% of Hungarians supported same-sex marriage, 64% were opposed and 5% did not know or refused to answer. When divided by political affiliation, support was highest among those on the left of the political spectrum at 50%, followed by those at the center at 33% and those on the right at 25%. [34]
A 2023 Ipsos poll showed that 47% of Hungarians supported same-sex marriage, while 20% supported civil unions or other types of partnerships but not marriage, 18% were undecided and 16% were opposed to all recognition for same-sex couples. [35] The 2023 Eurobarometer found that 42% of respondents thought same-sex marriage should be allowed throughout Europe, while 52% were opposed. The survey also found that 49% of Hungarians thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 46% disagreed. [36]
Same-sex marriage has been legal in the Netherlands since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage.
Same-sex marriage has been legal in Belgium since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. King Albert II granted his assent, and the bill entered into force on 1 June. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands. "Statutory cohabitation", a form of civil union open to any two legally consenting cohabiting persons, has been available since 1 January 2000.
Same-sex marriage has been legal in Germany since 1 October 2017. A bill for the legalisation of same-sex marriage passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July. It was signed into law on 20 July by President Frank-Walter Steinmeier and published in the Federal Law Gazette on 28 July 2017. Previously, the governing CDU/CSU had refused to legislate on the issue of same-sex marriage. In June 2017, Chancellor Angela Merkel unexpectedly said she hoped the matter would be put to a conscience vote. Consequently, other party leaders organised for a vote to be held in the last week of June during the final legislative session before summer recess. The Bundestag passed the legislation on 30 June by 393 votes to 226, and it went into force on 1 October. Germany was the first country in Central Europe, the fourteenth in Europe, and the 22nd in the world to allow same-sex couples to marry nationwide.
Same-sex marriage has been legal in Ireland since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Same-sex marriages in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day. Ireland was the eighteenth country in the world and the eleventh in Europe to allow same-sex couples to marry nationwide.
Romania does not allow same-sex marriage or civil unions. In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union citizens should be granted a right of residency in Romania. The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.
Poland does not legally recognize same-sex unions, either in the form of marriage or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights in regards to the tenancy of a shared household. A few laws also guarantee certain limited rights for unmarried couples, including couples of the same sex. Same-sex spouses also have access to residency rights under EU law.
The Czech Republic has offered registered partnerships for same-sex couples since 1 July 2006. Registered partnerships grant several of the rights of marriage, including inheritance, the right to declare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege, and alimony rights, but do not allow joint adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006. The country also grants unregistered cohabitation status to "persons living in a common household" that gives couples inheritance and succession rights in housing.
Same-sex marriage has been legal in Greece since 16 February 2024. In July 2023, the re-elected government headed by the New Democracy party announced its intention to legalize same-sex marriage. Legislation was introduced to the Hellenic Parliament on 1 February 2024 and passed on 15 February by 175 votes to 77. The bill was signed into law by President Katerina Sakellaropoulou and took effect upon publication in the Government Gazette on 16 February. Greece was the 16th member state of the European Union, the 21st country in Europe and the 36th in the world to allow same-sex couples to marry.
Lesbian, gay, bisexual, and transgender (LGBT) people in Hungary 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 is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."
Latvia does not recognize same-sex marriage. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions, which was subsequently signed into law by President Edgars Rinkēvičs in January 2024. The law is scheduled to take effect on 1 July 2024.
Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.
Same-sex marriage has been legal in Estonia since 1 January 2024. The government elected in the March 2023 election, led by Prime Minister Kaja Kallas and consisting of the Reform Party, the Social Democrats and Estonia 200, vowed to legalize same-sex marriage. Legislation to open marriage to same-sex couples was introduced to the Riigikogu in May 2023, and was approved in a final reading by 55 votes to 34 on 20 June. It was signed into law by President Alar Karis on 27 June, and took effect on 1 January 2024. Estonia was the first Baltic state, the twentieth country in Europe, and the 35th in the world to legalise same-sex marriage.
Same-sex marriage has been legal in Austria since 1 January 2019. On 4 December 2017, the Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution of Austria guarantee same-sex couples the right to marry. The decision took effect on 1 January 2019, making Austria the 24th country in the world and the fifteenth in Europe to allow same-sex couples to marry nationwide. Austria has also recognised same-sex registered partnerships since 1 January 2010, providing several, but not all, of the rights, benefits, obligations and responsibilities of marriage.
Same-sex marriage has been legal in Sweden since 1 May 2009 following the adoption of a gender-neutral marriage law by the Riksdag on 1 April 2009. Sweden was the second Scandinavian country, the fifth in Europe and the seventh in the world to open marriage to same-sex couples nationwide. Existing registered partnerships remain in force and can be converted to a marriage if the partners so desire, either through a written application or through a formal ceremony. New registered partnerships are no longer able to be entered into and marriage is now the only legally recognized form of union for couples regardless of sex.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. Nevertheless, same-sex couples are unable to marry or jointly adopt.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.
Slovakia does not recognise same-sex marriage or civil unions. However, there is some limited legal recognition for unregistered cohabiting same-sex couples, notably with regard to inheritance rights. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but have all been rejected.
Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.
Cyprus has recognised same-sex unions since 9 December 2015. Legislation to establish civil cohabitations was approved by the Cypriot Parliament on 26 November 2015, and took effect on 9 December upon publication in the government gazette.